Okeze contracted to sell TV sets to Ojo. Unknown to them, the sets were stolen in transit. This contract may be terminated on the ground of

Assessment: JAMB UTME - Commerce - 2002 Subject: Commerce

Question 1 Report

Okeze contracted to sell TV sets to Ojo. Unknown to them, the sets were stolen in transit. This contract may be terminated on the ground of
Answer Details
The contract between Okeze and Ojo to sell TV sets may be terminated on the ground of frustration. Frustration occurs when unforeseeable events occur after the formation of a contract that makes it impossible to perform the contract. In this case, the TV sets were stolen in transit, which is an unforeseeable event that makes it impossible for Okeze to perform the contract. Therefore, frustration of the contract may be a valid ground for termination. However, if Okeze was aware that the TV sets were stolen and did not disclose this information to Ojo, this would be an act of fraudulence and may also be a valid ground for termination. Breach of contract may also be a ground for termination if one of the parties fails to fulfill their obligations under the contract. However, in this case, neither party has breached the contract as the stolen TV sets were beyond their control. Bankruptcy is not a valid ground for termination in this case as it does not relate to the performance of the contract.

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