Joao and Luca enter into a contract for Luca to translate Joao's English-language manuscript into Italian. When Joao sends his manuscript file to Luca by email, it goes to Luca's spam folder, and Luca does not see it; thus, he does not complete the work on time.

Which of the following is CORRECT?

A. This is not likely to be a frustrating event, since emails going to a spam folder is a reasonably foreseeable impediment to performance.

B. This is a frustrating event, which means that the contract is automatically terminated.

C. This is a frustrating event, which means that Joao can choose to terminate the contract.

D. This is a frustrating event, which means that Luca can choose to terminate the contract.

Question

03-05-2025
Business

High School

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Joao and Luca enter into a contract for Luca to translate Joao's English-language manuscript into Italian. When Joao sends his manuscript file to Luca by email, it goes to Luca's spam folder, and Luca does not see it; thus, he does not complete the work on time.

Which of the following is CORRECT?

A. This is not likely to be a frustrating event, since emails going to a spam folder is a reasonably foreseeable impediment to performance.

B. This is a frustrating event, which means that the contract is automatically terminated.

C. This is a frustrating event, which means that Joao can choose to terminate the contract.

D. This is a frustrating event, which means that Luca can choose to terminate the contract.

Answer :

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logan6344 logan6344 · Answer 1 · 2024-11-27T07:46:52-05:00

When Joao sends his manuscript file to Luca by email, and it goes to Luca's spam folder, and Luca does not see it. Therefore, Luca does not complete the work on time.

This is a frustrating event, which means that Joao can choose to terminate the contract. Hence, the correct option is c.The doctrine of frustration is a legal principle that releases both parties from their obligations under a contract if performance becomes impossible or radically different from what was agreed. Frustration can only arise in specific situations, such as when a particular state of affairs has changed since the contract was agreed upon and the parties did not anticipate that eventuality.In this scenario, the communication channel is electronic and within Joao and Luca's control.

Hence, the communication could not be said to have occurred or even to have been received. Joao can choose to terminate the contract.

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