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November 1, 2022

David intends to buy a taro farm in Taveuni.

David intends to buy a taro farm in Taveuni. David negotiates with Donald’s Shipping to arrange travel to Taveuni to commence negotiations on the sale of the taro farm. Donald’s Shipping agrees to transport David, at the price of $500. $250 is to be paid upfront and the balance is to be paid when David returns home. The journey will take ½ a day. They agree to depart on 1 July from the wharf in Lautoka. Upon arriving in Taveuni David hears on the boat’s radio that the taro farm he wants to buy has been sold. David tells Donald’s Shipping captain to go back to Lautoka because it’s now pointless for him to go to Taveuni, but the captain insists that the boat has to continue. David became angry and calls a Coast Guard helicopter to come and take him home. The helicopter picks David up from the boat and takes him back to Taveuni. Donald’s Shipping claims the balance of $250. David refuses to pay the balance and demands Donald’s Shipping to return his $250 upfront payment. Is the agreement between David and Donald’s Shipping discharged by frustration?

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