Frustration - Frustration These are NOT model answers!...

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Frustration These are NOT model answers!!! 2005/2006 (Sem 1) q.2 2005/2006 (Sem 2) q.4(b) (breach of contract and frustration) 2006/2007 (Sem 1) q.2(b) 2006/2007 (Sem 2) q.3(b) 2007/2008 (Sem 1) q.4(b) 2007/2008 (Sem 2) q.3(b) As you will notice from the above questions, in the recent past the examiner has combined frustration questions with another topic area (this was also the case in the Introduction to Business Law exam in May 2009). This other topic area has been ‘consideration’, usually in the form of a problem question, though this year in May it was a ‘past consideration’ essay. For this reason you will need to be prepared for both problem questions and/or essay questions, and of course that means you will need to study consideration and frustration thoroughly. Even so there is no guarantee that these questions will come out together, so be wary of this possibility and prepare well. 2005/2006 (Sem 1) q.2
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On 21 st October 2003 Yeung, a Korean business man sells 2000 live black chickens to Wong, a bird wholesaler in Hong Kong. The contract price is $10,000 . Wong pays Yeung a deposit of $1,000 . The remaining money is to be paid by banker’s draft on the 4 th January 2004. It is a term of the contract that the birds will be flown to Hong Kong on cargo freight from Seoul on 3 rd January 2004 . On 27 th December a bird flu outbreak in Asia prompts the HKSAR legislature to pass emergency legislation banning the import of birds from Asia with immediate effect. Use case law and ordinance to fully advise Yeung and Wong of the following: (a) The status of their contract under Hong Kong law (15 marks) (b) Their rights and liabilities in Hong Kong contract law (10 marks) (a) Yeung and Wong will be advised as follows: The emergency legislation by the HK government banning birds from Asia has had the effect of frustrating the contract between Yeung and Wong. The doctrine of frustration holds that if, without the fault of either party, after the formation of the
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Frustration - Frustration These are NOT model answers!...

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