PLS ANSWER QUESTION C & D

PLS ANSWER QUESTION C&D

2. Parties in a contract can only be released from their contract obligations either by performance, agreement, breach or frustration. Discuss which of the four (4) ways the following contracts are discharged. You [26 marks] may support your discussion with relevant case judgments, if any: - a) Damai Construction Sdn. Bhd. (DCSB) has an ongoing contract with OU Development (OUD) to build a 2-storey bungalow in the town of Temerloh, Pahang. When the project was 60% completed, most part of Pahang was overcome with a terrible flood. The whole construction site was submerged in 3m high of flood water and the completed portion of the bungalow was washed away during the flood. b) Damai Construction Sdn. Bhd. (DCSB) had an ongoing contract to build a recreational park for Queen Development (QD). Midway through the contract, DCSB has other obligations and proposed to QD to have a novation contract where all the rights and obligations were novated to Bena Builder. QD agreed to the novation. c) Damai Construction Sdn. Bhd. (DCSB)'s offer to build a plant for LINK Engineering at RM8mil was contracted on 4 January 2021. The date of commencement of the factory works was on 25 January 2021. But on 20 January 2021, DCSB realized that he had underpriced the factory works by a big margin and will incur severe loss if he were to proceed with the contract. On 21 January 2020, DCSB informed LINK in writing his decision not to proceed with the contract. d) Supplier MET's tender had been accepted to supply tones of rebar and wire mesh to Damai Construction Sdn. Bhd. (DCSB) within the last 10 days of January 2021. MET delivered the supply at 11.30pm on Friday, 31st January 2021. DCSB refused to accept the delivery because of the lateness of the hour