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Contract Law Question

  • 05-02-2013 9:58pm
    #1
    Registered Users, Registered Users 2 Posts: 1,753 ✭✭✭


    What is the law on cancelling a service before it is carried out?

    I'm wondering am I on the right track here when looking at Frustration of contract for advising (A).

    (A) hires (B) to bus a soccer team from a match to a hotel.(B) was to provide minerals on the bus as well as displaying the team crest on the side of the bus.(A) places a deposit of 300euro and agrees to pay the remaining 300euro the day after the match.1 week before the match (A) was driving the team to another match in the community bus but crashes injuring much of the team. (A) had been driving too fast and was at fault.The match involving (B)s bus hire was cancelled due to the injuries sustained by the team.(A) rings (B) to cancel the bus service.(B) ignores (A) and runs bus anyway.(B) had already purchased the minerals and club crest prior to (A)s phonecall.

    Does the law expect (B) to mitigate his loss?Can (A) cancel and just lose deposit?

    Thanks for your replies


Comments

  • Registered Users, Registered Users 2 Posts: 124 ✭✭GeorgeOrwell


    In this case (B) had prior notification of the cancellation of the event by (A) and thus (A) would not be liable for expenses incurred following that cancellation.

    However, (B) could probably keep the deposit or sue (A) for damages for expenses incurred in performing his part of the contract in advance of the cancellation.

    I assume this is a homework question, so you will want to add in the Coronation Cases on frustration and the Aer Lingus/American airlines case on advance notification.


  • Registered Users, Registered Users 2 Posts: 1,583 ✭✭✭kkelliher


    The main issue would like with the exact point of notification and the costs incurred prior to same. It is also worth noting that generally in the real world there would be clauses in the Contract in respet to cancellation and associated costs.


  • Registered Users, Registered Users 2 Posts: 1,753 ✭✭✭CZ 453


    In this case (B) had prior notification of the cancellation of the event by (A) and thus (A) would not be liable for expenses incurred following that cancellation.

    However, (B) could probably keep the deposit or sue (A) for damages for expenses incurred in performing his part of the contract in advance of the cancellation.

    I assume this is a homework question, so you will want to add in the Coronation Cases on frustration and the Aer Lingus/American airlines case on advance notification.

    I had the coronation cases(Krell) and Aer Lingus case. Is there law on cancellation prior to the event? Does (A)s bad driving that led to crash change anything?Thanks


  • Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    shezer wrote: »
    I had the coronation cases(Krell) and Aer Lingus case. Is there law on cancellation prior to the event? Does (A)s bad driving that led to crash change anything?Thanks

    Who ever set the homework is probably wanting you to discuss self induced frustration here.


  • Registered Users, Registered Users 2 Posts: 1,753 ✭✭✭CZ 453


    Who ever set the homework is probably wanting you to discuss self induced frustration here.

    Thanks


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  • Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    shezer wrote: »
    Thanks

    No prob;)


  • Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    shezer wrote: »
    Is there law on cancellation prior to the event?

    Repudiation of contracts. Its in the books.


  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Enright's book is very easy to follow if you want a good text book.


  • Registered Users, Registered Users 2 Posts: 1,753 ✭✭✭CZ 453


    Enright's book is very easy to follow if you want a good text book.

    I have it.Was just looking at the Mitigating loss section there.thanks


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Consider the matter of generic and non-generic goods.


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