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Question: 4. Hotdog contracts with Ivor to hire him his reception suite and to provide the catering for 200 guests for the wedding of Ivor's daughter Judy to Keith, which is to be held on the afternoon of 1st May. Ivor makes a pre-payment of £2000 and agrees to pay the balance of £5000 on the morning of the wedding. On 25th April, by which time Hotdog has made the wedding cake and procured supplies of champagne but has not prepared any of the food for the reception, Keith is very seriously injured in a road accident and admitted to hospital, where he lies in a coma. Ivor telephones this news to Hotdog on the same day and tells him that the wedding is off. Hotdog replies: "That's your business: you are paying me to put on a reception and so far as I'm concerned the show goes on." Hotdog prepares the food and makes all the other arrangements for the reception, but no guests come.

(i) Is Ivor entitled to the return of the £2000, or any sum?
(ii) Is Hotdog entitled to claim the £5000, or any sum?

High 2.1 essay, 66/100, 2nd year Contract law, Oxbridge

Answer: Ivor (I) is entitled to the return of the £2000 in (i) and Hotdog (H) is entitled to claim for the value of the wedding cake and champagne, but not the rest of the food in (ii). H and I entered into a contract for H to provide catering and the hire of his reception suite to I for Judy and Keith’s wedding, with I providing consideration in the form of a pre-payment of £2000 and a promise to pay the balance of £5000. Since Keith was injured after the contract was concluded, we will need to consider if the accident, which consequently prevented the wedding from proceeding, is a frustrating event. The contract does not appear to have a force majeure clause, nor does it distribute the risk between the parties explicitly. Furthermore, Keith’s accident is not a result of either part......(short extract)

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Details: - Mark: 66% | Course: Contract Law | Year: 2nd/3rd | Words: 1087 | References: No | Date written: Not available | Date submitted: January 11, 2017 | Coursework ID: 1028

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