Mr Taiwo entered into a contract to let a car to Mr Bunmi for his wedding for two days. However, the car had an accident before the first day. Mr Bunmi atte...

Assessment: JAMB UTME - Commerce - 2014 Subject: Commerce

Question 1 Report

Mr Taiwo entered into a contract to let a car to Mr Bunmi for his wedding for two days. However, the car had an accident before the first day. Mr Bunmi attempted to claim damages but failed. This implies the contract was terminated by
Answer Details
The contract was terminated by frustration. Frustration occurs when an event outside the control of the parties to a contract makes it impossible for one or both of them to fulfill their obligations under the contract. In this case, the accident to the car before the first day of the rental period made it impossible for Mr Taiwo to fulfill his obligation to provide the car to Mr Bunmi for his wedding. As a result, the contract was terminated by frustration and Mr Bunmi was unable to claim damages. This is because, under the doctrine of frustration, neither party is held responsible for the failure to perform the contract when the failure is caused by an event that was not foreseeable or caused by the fault of either party.

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