Frustrated contract or just a breach.
Frustrated contract or just a breach.
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Discussion

AngryPartsBloke

Original Poster:

1,439 posts

180 months

Thursday 14th January 2021
quotequote all
I don't really want to get too specific as this is personnel, but I know that will never get the correct answer/advice so i will do my best.

I'm planning, or not as the case might seem, to get married in April. In Our contract with the hotel, the package we went for includes a dedicated wedding coordinator to help us plan the wedding and deal with any issues. they are our sole point of contact with the venue.

Now if the Venue is closed, because of Covid restrictions, and the Hotel group has made the decision to Furlough all of it's staff is the contract now frustrated under the Law Reform (Frustrated Contracts) Act 1943 or, save any force majeure shenanigans', are they now in breach of the contract? Or neither?

anonymous-user

83 months

Thursday 14th January 2021
quotequote all
AngryPartsBloke said:
I don't really want to get too specific as this is personnel, but I know that will never get the correct answer/advice so i will do my best.

I'm planning, or not as the case might seem, to get married in April. In Our contract with the hotel, the package we went for includes a dedicated wedding coordinator to help us plan the wedding and deal with any issues. they are our sole point of contact with the venue.

Now if the Venue is closed, because of Covid restrictions, and the Hotel group has made the decision to Furlough all of it's staff is the contract now frustrated under the Law Reform (Frustrated Contracts) Act 1943 or, save any force majeure shenanigans', are they now in breach of the contract? Or neither?
The contract would be frustrated by virtue of the common law.

PS: Personal, nor personnel. Get some help re your out of control apostrophes.

Edited by anonymous-user on Thursday 14th January 15:07

Mojooo

13,291 posts

209 months

Thursday 14th January 2021
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Look at the CMA website, they have some guidance which may help get a resolution with the business.