Karachi gas company vs Isaac ( 1995)



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Date08.02.2022
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moot court

HiYour lordship, with the regard to the issue that whether was a breach of contract, there was no breach of contract due to the presence of legal reason

Government intervention, the government of vientinum refuse to grant the export license due to the presence of circumstance of pandemic disease Covid 19 ( corona virus 19) that affected the whole world and WHO warned countries to take measure steps to deal with it, one among the of the step that the government of vietnum decided is to close all boarders which led to refuse to grant the export license your lordship in the case of karachi gas company vs Isaac ( 1995) in this case the government refuse to grant export license in respect of certain pipe to be exported to karachi, when sued the defedant relieved that the government refuse to grant export license, then the court held that the contract would be frustrated if government takes possession of the subject matter of ship transaction

Superveving event, your lordship due to the fact that after been granted a license to export, the only means of transport preferred is marine transport through ship then on the way, the ship was affected with heavy waves that caused the ship to loose direction therefore we had no other way to save the time, this can be referred in the case of Victoria industry limited vs lamambhec brothers (1961) the parties contracted to buy and sell quantity of corn maize to be shipped from Jirya to Mwanza and transported by railway to Dar es salaam for export from East Africa railway and hence the incorporation had agreed to shipped and rail the corn maize to Dar es Salaam, however subsequently the corporation declared to do so and the seller were unable to supply the maize, when sued the seller pleaded that the contract was frustrated by the change of the heart of the corporation as there was no alternative root to the coast, the court held that, the supplier was not liable as the contract has been frustrated this is connected to our issue your lordship

Force majure



Basing on the climate of vietnum having endless rainfall which render to rain wash the rice of estate of KIT company whereas the company invest all of their capital to the estate which led to the insolvency of the company after such destruction by the rainfall whereas the company had no alternative to save for the agreed amount tone as the reserved tone where at store was only 80,000 tone saving to term of the contract in any act of God event every part will bear loss, also in the case of Tandrin Aviation Holding limited vs Aero Ion store LLC in this case defedant sought to justify the refusal of delivery of an aircraft on the basis that unanticipatory unforeseeable and downward spiral of the world financial market, therefore the defedant fail to complete the purchase the judge held that this phrase has to be read in the context of the entire clause
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