Law 的高手請來! 十分緊用的!!!!!!!!!!!!!!!

[匿名]

2007-03-10 11:03 pm

Chan and Kang were responsible for transferring goods. while a typhoon, the company demanded they continue to work the barges. They were asked to deliver several important items on to a ship ready to sail for Shanghai. they reluctantly agreed to do so, but only after the company’s promise to pay each of them an additional pay . When the sky had cleared the following day, the company refused to pay money promised. Fully advise Chang and Kang on their rights and remedies against the company

回答 (1)

用戶4713

2007-03-10 11:36 pm

✔ 最佳答案

根據 contract law
因為typhoon出現
所以係Frustration(履約受挫)

Frustration of a contract occurs when unforeseen events, beyong the parties' control and not provided for in the contract, cause a contracct to become incapable of being performed.

如果出現這情況
any money paid before the frustrating event is recoverable.
any money payable before the frustrating event is no longer payable,
the court has a discretion to allow a party who has incurred expenses before the frustrating event to retain or recover money to cover them , and
where prior to frustration one party has received a valuable benefit, the court may order the payment of a 'just sum' for it.

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