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fraustration and common mistake

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(a) Two parties enter into a contract with a view to satisfy their interests. However, certain events that take place after the signature of agreement or that has become before this without the knowledge of two sides, render impossible the performance of the contract. In the first case the force of contract will be examined under frustration, while in the second under common mistake. In such cases, the contracting parties discover that the application of the contract is impossible or that its application does not satisfy the aim for which they entered in this agreement any more. In the case of Bruno and Luigi, the two parties agreed, in November 2003, that the first would grow 1,000 tons of genetically modified tomatoes in order to sell them to the second for the sum of £30000. Unknown to the parties, in August 2003, the Government prohibited the use of genetically modified tomatoes...

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