Business & Corporation Law: Defence Against P City Council Suit

This case study examines a scenario where 'D' is sued by the 'P' city council after a coal dump impacts their leased kiosk business. The primary defence explored is 'impossibility of performance,' analyzing its applicability under Australian contract law, including Force Majeure. The study considers whether establishing a sewage disposal instead of a coal dump would alter the outcome, concluding that it would not due to similar adverse effects on business. The analysis references relevant case law and legal principles, highlighting the importance of unforeseen circumstances in contractual obligations. Desklib provides a platform for students to access similar case studies and solved assignments for academic support.

Business &
Corporation Law

TABLE OF CONTENT
INTRODUCTION...............................................................................................................................3
MAIN BODY.......................................................................................................................................3
Discuss the basis of D’s defence if sued by the P city council?.........................................................3
Would the outcome be different if instead of coal dump there is being established a sewage
disposal?............................................................................................................................................5
CONCLUSION....................................................................................................................................5
REFERENCES....................................................................................................................................5

INTRODUCTION
Australian contract law is generally being employed on the common law through which all the
statutes and the codified laws are being implemented. Their main aim and the principal is to freedom
of contract through which parties will gain the liberty to manage on strike all the important
commercial practises. It is important to regulate and frame the agreements between the parties while
entering into for the contract. Thus, in all the commercial agreements the property law and the other
commercial agreements are being framed as the Australian contract law is generally been legislative
Lee modified and considered to have freedom of contract to all the parties who have right to bargain
and choose according to their parameter (Semrau, 2020). This report will cover a case scenario
through which the defence and the other outcomes which are being imposed will be established and
managed.
MAIN BODY
Discuss the basis of D’s defence if sued by the P city council?
As in this case scenario where Di agrees in order to Lisa scenic kiosk from P city council for a
time period of two years. And later on after six month there was being seen that I called them is being
framed for the lookout with general windy conditions and yet reduce the visibility which also reduce
the business practises. The main basis of D for the defence in case where Suit is being filed by the P
city council will be impossibility of performance.
The defence of impossibility of performance is generally being practised in all the
commercial cases where the parties are in complex situation and are being accused in order to breach
or in the default of any contract which is being invoked with the defence of impossibility. It will be
argued according to the performance and the contractual obligation which is being made it impossible
to enter event all the events(Yas, 2021).
This is an important defence from the Australian law through which all the commercial
matters are being relied on this provision where the contracts can either be temporarily suspended
from the performance of the obligations and they can also be protected by them self against all the
failure of performance of services and delivery of goods while extinguishing the contractual
agreements. It relates and manage the parties to occur the inability in order to fulfil all the contractual
obligations with a reasonable control. This is being applied when all such circumstances are being
unavoidable, unforeseeable and their performance is impossible. In all such cases performance are
usually being suspended for a shorter period and duration of time period and it is being prolonged
which may allow either to terminate the party or the contract.
Force Majeure is applied in all such circumstances where:

 Such conditions are being made which are beyond the control of the party in which also
delays the party from performing any kind of contract or act.
 All such condition which cannot be avoided in order to overcome the excise in conditions and
the care of due diligence is being managed(Terrone, 2021).
 Any civil disturbance, blockage, sabotage, reward or any malicious damage.
In all such areas a suspension of all the obligations are being made where the party‘s
performance in all the contracts are being affected and the obligation for the contract is being
suspended for a time period or can be delayed from the performance of the act in the contract.
Thus, D can take the defence of impossibility of performance of contract as he has no idea
about the establishment of the coal dump and the reduction of visibility and the effect that is being
laid out on the business practice. He had already faced a lot of loss in the business practice and all
such conditions for being beyond obligation to be performed. But in all such cases D will have to
pay the amount which is being enforced and the rent which is being imposed by them as that was
not their fault for the loss which is being occurred on the business practices which are being made
accordingly(Yücel, 2020).
As in the case of kel kim there has been a suit file regarding to the obligation for the
performance of the impossible act the court of appeal affirmed that the impossibility doctrine is
not an excuse for the non-performance and the court also applied it narrowly for the judicial
recognition and with it the purpose of contract law helps in allocating the risk which is being
measured regarding to the performance of the act which would be excused and affected. This
doctrine will further be applied only when the destruction is the major subject matter in the
contract and there is being seen that the performance will also be the objectively impossible act.
The inability of the performance will make it to cover the unforeseen and the major areas and
obligations to do such activities. So, in all such cases where the person is not being able to
perform an act due to the inefficiency and the effective management this will lease out to make
the work and tits functioning more variable and manageable. Their is being imposed the nature
and the general terms of working for the company in the adequate meaning. So, all the act which
are being made beyond the effective areas and the vary obligation to be impossible to perform
will be considered in it. Business practises will have to be effectively manageable and all such
non-performance can only be the serious and the major issue led out in all the conditions between
the work which is affirmed between the parties and their mutual obligations. Spo here the defence
as ion relation to non-performance can be attained and applied in a proper manner.

Would the outcome be different if instead of coal dump there is being established a sewage
disposal?
All the outcomes will be same in all such cases where the sewage is being made
instead of the coal dump and was established in the area near Kiosak as this would have cost
the customers a major issue regarding to the conditions and the hygiene practice. So, there is
being implied that no further actions of the outcomes can be changed as it is thereby being
affecting the areas in the business practices which is being taken place over that zone. As all
the sewage is Having impurities and all the waste material which will thereby affect the areas
and their working elements in all such cases where the property is being given on the lease is
generally conferred by the landlord to whom the grant of lease has been made with their
exclusive possession(Igarashi, 2021) There is being seen that also practises which affect the
business will thereby be seen as a major problem and this all will be considered as a severe
issue for the commercial practises. So as like the coal dump sewage it will also be a major
issue for the commercial practises and business functioning because of which it will create a
same impact and effect that will create loss in the business practice. Their can also be
analysed that in all such cases where the harm is being made to the property of the person
then it will further make the major issues to the property and this can result to general loss in
all the varied areas. For all such things their will not be any defence which is being laid as all
the property can there by attain the maximum advancement and there will be applied the
main region through which the management and their general terms and the outcomes can be
accumulated.
CONCLUSION
From this above report it is concluded that, contract law implicates out the parties to perform an
agreement or act according to the legislative contract that is being framed in between them. There is
being given that the impossibility of performance is an important obligation or the defence which is
being given in order to protect the performance of act in all the areas where the unforeseen or the
major issues cannot be ignored and the performance is not possible. Furthermore, it is also concluded
that all such activities which will affect the commercial practices and business will have the same
outcomes as that of the other one. No person can clean any kind of defence in all such activities.
REFERENCES
Igarashi, H., 2021. The Impossibility of Turning Rancour to Love: The Post-war Controversy
over the Pacifist Constitution and Yukio Ninagawa’s Construing of Romeo and
Juliet. Shakespeare, 17(2), pp.230-241.

Yücel, Ö., 2020. COVID-19 Salgınının Borç İlişkilerine Hukuksal Etkileri. Terazi Hukuk
Dergisi, 15(166), pp.1189-1202.
Semrau, L., 2020. Christopher Woodard: Taking Utilitarianism Seriously.
Yas, N., 2021. EFFECTS OF COVID-19 PANDEMIC ON CONTRACTUAL
RELATIONS. Journal of Legal, Ethical and Regulatory Issues, 24(3), pp.1-9.
Terrone, E., 2021. There’s Always More Show: The Impossibility of Remarriage in BoJack
Horseman. Film and Philosophy.
Caprili, S., and et. al., 2020. Experimental analysis on cyclic performance of concrete
columns with TempCore or Dual-Phase steel reinforcement. Bulletin of Earthquake
Engineering, 18(15), pp.6761-6794.