Question
Trude Ltd sells five Mori paintings and five carvings to Baucis Ltd for its art collection. The price is $100000 ($10000 per piece) and is
Trude Ltd sells five Māori paintings and five carvings to Baucis Ltd for its art collection. The price is $100000 ($10000 per piece) and is paid on the spot by Baucis Ltd. Baucis Ltd takes the five carvings but wants the paintings to have different frames. Trude Ltd indicates that the cost of the framing is $5000 and that the paintings with the new frames will be ready to be collected in two weeks' time. Baucis Ltd agrees and pays $5000.
An extreme weather event caused by the climate crisis damages Trude Ltd's warehouse and destroys the paintings. Baucis Ltd contacts Trude Ltd demanding the return of $55000. Trude Ltd says that it has to return $5000 only.
- Explain the legal reasoning based on the Contract and Commercial Law supporting Trude Ltd's position.
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