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Performance in a contract

  • 28-12-2016 12:55pm
    #1
    Cartouche
    Closed Accounts Posts: 248 ✭✭


    Lets say for example that a contract was drawn up between two parties that stated one party would allow the other party use of some facilities until such time as the other parties own facilities were ready. It turns out that the other facilities would never be available as a re-application for planning permission was refused
    Does this make such a contract now invalid as it cannot be performed, or, as the contract was made prior to the planning refusal , is it still valid ?


Comments

  • #2
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,806 ✭✭✭GerardKeating


    Cartouche wrote: »
    Lets say for example that a contract was drawn up between two parties that stated one party would allow the other party use of some facilities until such time as the other parties own facilities were ready. It turns out that the other facilities would never be available as a re-application for planning permission was refused
    Does this make such a contract now invalid as it cannot be performed, or, as the contract was made prior to the planning refusal , is it still valid ?

    Did this hypothetical contact specify a time limit, or have any break clause?

    You cannot truly saw the other parties faculties will never be available, a different planning application at later date.


  • #3
    Cartouche
    Closed Accounts Posts: 248 ✭✭Cartouche


    No it doesnt specify any time limit, just that the duration would be up to the time when the facilities are available
    I guess you are correct, if planning could be reapplied at a later date then this contract is indefinite !


  • #4
    Denny_Crane
    Closed Accounts Posts: 384 ✭✭Denny_Crane


    I'm thinking frustrated rather than invalidated but I'm open to correction.


  • #5
    Cartouche
    Closed Accounts Posts: 248 ✭✭Cartouche


    Denny_Crane wrote: »
    I'm thinking frustrated rather than invalidated but I'm open to correction.

    Possibly frustration although I do believe that is an unforeseen event and it could be argued this was a possible issue to foresee
    But likewise open to correction myself


  • #6
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    What does the 'contract' say about ending it?

    Is it an enforceable contract at all? At a minimum, is there consideration (deed would be another possibility).

    Binding the property owner indefinitely to the (in)actions of the user or a third party (the council) would be dubious.

    With notice, I would expect it to be capable of being unilaterally terminated.


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