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e. Yussra agreed to sell his piece of land to Fatma. After formation of thecontract the Government issued a notification and acquired the land.Advise the mas to the status of their contract?
e. Yussra agreed to sell his piece of land to Fatma. After formation of thecontract the Government issued a notification and acquired the land.Advise the mas to the status of their contract?
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ChatGPT
Jun 7
In this situation, the contract between Yussra and Fatma for the sale of the land would likely be frustrated due to the government's acquisition of the land. Frustration of contract occurs when an unforeseen event makes it impossible to fulfill the contract or fundamentally changes the nature of the contract.
In this case, the government's acquisition of the land would likely be considered an unforeseen event that fundamentally changes the nature of the contract between Yussra and Fatma. As a result, the contract would likely be considered frustrated and both parties would be released from their obligations under the contract.
It is advisable for Yussra and Fatma to seek legal advice to understand their rights and obligations in this situation and to determine the appropriate course of action moving forward.
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Google Gemini AI
Jun 7
Status of the Contract:
Due to the government acquisition of the land, the contract between Yussra and Fatma becomes void under the doctrine of frustration.
Frustration of Contract:
In contract law, frustration occurs when:
- An unforeseen event occurs after the formation of the contract. - The event makes it impossible or impracticable to perform the contract. - Neither party is at fault or responsible for the event.
In this Case:
- The government acquisition is an unforeseen event. - It makes it impossible for Yussra to sell the land to Fatma. - Neither party is at fault for the acquisition.
Therefore, the contract is frustrated, and the following consequences apply:
- Obligations are discharged: Both Yussra and Fatma are no longer obligated to perform the contract. - No damages payable: Neither party can sue the other for breach of contract. - Consideration (if any) is returned: If Yussra received any money or other consideration from Fatma, it must be returned. - Loss allocation: The parties may share the loss incurred due to the frustration in a reasonable manner, which may involve adjusting any payments made or services rendered before the frustration.