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Mr. Jumbe who was vying for the national chairmanship of a political party, engaged Mr. Musika, a local musician to perform in a series of campaign...

      

Mr. Jumbe who was vying for the national chairmanship of a political party, engaged
Mr. Musika, a local musician to perform in a series of campaign meetings. The political
rallies were scheduled to be held at the Wazalendo Stadium. Mr. Jumbe paid Mr. Musika
fifty thousand shillings as part payment for the performance fee.

Explain the legal position, if before the first rally can be held:
The dais and seats at Wazalendo Stadium are burnt down and the rallies
have to be cancelled.

  

Answers


Maurice
This problem is based on a contract subsisting between the parties. Musika had agreed
to perform and Jumbe to pay. A down payment had even been made.

The cancellation of the rallies frustrated the contract and discharged both parties from
their obligations. Jumbe is therefore entitled to the Kshs. 50,000 paid to Musika as none of the parties is to blame.

He is not bound to pay the balance.
maurice.mutuku answered the question on April 28, 2018 at 09:18


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