Affirming the contract represents a risk for the innocent party as subsequent events may destroy his right of action. If, for example, the contract is frustrated (see Chapter 18) in the period between the affirmation and the due date for performance, the frustration will discharge the contract and the non-breaching party will lose the remedy of damages for breach of contract. This is clearly demonstrated by the case of [ case ]. Here, Bowden chartered Avery's ship and agreed to load the ship with a cargo at Odessa within 45 days. During that period, Bowden repeatedly advised Avery that he would be unable to provide such a cargo and that Avery should sail away. This was undoubtedly a breach of contract by Bowden, giving Avery the option of accepting the repudiation and suing for damages at once. However, he chose to ignore the advice and kept the ship at Odessa. Before the end of the 45-day period, the Crimean War broke out, Odessa became an enemy port and the contract became illegal and was therefore frustrated. As a consequence, Avery lost his right to sue for the breach of contract at the time when performance was due as the effects of frustration took over.
Answer
Avery v Bowden (1855) 5 E & B 714
Tags
#contract #discharge #law
Question
Affirming the contract represents a risk for the innocent party as subsequent events may destroy his right of action. If, for example, the contract is frustrated (see Chapter 18) in the period between the affirmation and the due date for performance, the frustration will discharge the contract and the non-breaching party will lose the remedy of damages for breach of contract. This is clearly demonstrated by the case of [ case ]. Here, Bowden chartered Avery's ship and agreed to load the ship with a cargo at Odessa within 45 days. During that period, Bowden repeatedly advised Avery that he would be unable to provide such a cargo and that Avery should sail away. This was undoubtedly a breach of contract by Bowden, giving Avery the option of accepting the repudiation and suing for damages at once. However, he chose to ignore the advice and kept the ship at Odessa. Before the end of the 45-day period, the Crimean War broke out, Odessa became an enemy port and the contract became illegal and was therefore frustrated. As a consequence, Avery lost his right to sue for the breach of contract at the time when performance was due as the effects of frustration took over.
Answer
?
Tags
#contract #discharge #law
Question
Affirming the contract represents a risk for the innocent party as subsequent events may destroy his right of action. If, for example, the contract is frustrated (see Chapter 18) in the period between the affirmation and the due date for performance, the frustration will discharge the contract and the non-breaching party will lose the remedy of damages for breach of contract. This is clearly demonstrated by the case of [ case ]. Here, Bowden chartered Avery's ship and agreed to load the ship with a cargo at Odessa within 45 days. During that period, Bowden repeatedly advised Avery that he would be unable to provide such a cargo and that Avery should sail away. This was undoubtedly a breach of contract by Bowden, giving Avery the option of accepting the repudiation and suing for damages at once. However, he chose to ignore the advice and kept the ship at Odessa. Before the end of the 45-day period, the Crimean War broke out, Odessa became an enemy port and the contract became illegal and was therefore frustrated. As a consequence, Avery lost his right to sue for the breach of contract at the time when performance was due as the effects of frustration took over.
Answer
Avery v Bowden (1855) 5 E & B 714
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Open it n the period between the affirmation and the due date for performance, the frustration will discharge the contract and the non-breaching party will lose the remedy of damages for breach of contract. This is clearly demonstrated by the case of <span>Avery v Bowden (1855) 5 E & B 714. Here, Bowden chartered Avery's ship and agreed to load the ship with a cargo at Odessa within 45 days. During that period, Bowden repeatedly advised Avery that he would be unable to pr
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