A agrees to pay B a sum of money if a certain ship does not return. Th...
Enforcement of Contract when the Ship Sinks
When A agrees to pay B a sum of money if a certain ship does not return and the ship is sunk, B can enforce the contract when the ship sinks. This means that A is bound to pay B the agreed sum of money as per the contract.
The basis for this is the doctrine of frustration. Frustration occurs when an event occurs which makes it impossible to perform the contract. In this case, the sinking of the ship makes it impossible for A to perform the contract, and therefore the contract is frustrated.
However, frustration does not automatically terminate the contract. The party seeking to rely on frustration must show that the event which has occurred was not foreseeable and that it makes it impossible to perform the contract. In this case, the sinking of the ship was not foreseeable, and therefore the contract is frustrated.
As a result, B can enforce the contract when the ship sinks, and A is bound to pay B the agreed sum of money.
A agrees to pay B a sum of money if a certain ship does not return. Th...
Here we may think that ship was sunk so B can claim damages
But he can claim it only when ship sinks
so he can enforce the contact only when the ship sinks
therefore option 'A' was correct option.