What is the common law position
What is the common law position, in provinces without a Frustrated Contracts Act?
Expert
In provinces without a Frustrated Contracts Act, the common law position is that:
• The contract is discharged, and both parties are freed from further performance under its terms; any performance already due under the contract is still enforceable.
• If the buyer has paid a deposit for goods/services, he can recover the deposit as long as he has received no benefits from the other party when the frustrating event occurs. If he has received even the slightest benefit, the deposit is forfeited.
Elucidate Burden of Proof?
How contracts would be affected by Statute?
1. GML owns 92% of the issued shares in Explorer Ltd. The remaining 8% of the shares are held by five individuals, including a Mr Owen who owns 0.5% of the issued shares. Mr Owen is a high profile individual who has at times been critical of the Chinese government’s activities in the South China
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