NURUL AQILAH BT MOHAMAD NASIR

171342226

RY20

TEST 1

Question 3

a) Firstly, regarding the contract, we will claim that the deadline for the fulfilment of
the obligation is not an essential part of the contract, so that our company may request
that we deserve the right to fulfil the obligation even after the dateline. As there's no
description of an appropriate or suitable time limit, these time limits describe legal
standards that are defined in accordance with the circumstances of the case. Hence, the
remedy method that will be chosen is the reformation of contract. In the particular
scenario of this sort of contract, the parties may ask the court to allow a particular part of
the contract to be rewritten or corrected in such a way that it better conveys the original
purpose and satisfies the interests of both parties.

As it comes to claims for damages afflicted by the corporation as a result of

delayed fulfilment of legal obligations, our company may be released from liability
for damages as we justify that the company has not fulfilled its obligations or has
been delayed due to circumstances that could not be prevented, eliminated or avoided
after entering into the contract. In this case, the circumstances caused from the case of
the Covid-19 may be considered as force majeure. Force majeure applies to the
unforeseen circumstances that arise which prohibit the performance of the contract.

b) For this case, the incidents resulting from the Covid-19 pandemic may, in principle,
be regarded as a contract of discharge by frustration. The contract law therefore ended
automatically. As a result, another method of remedy that we would offer is rescission,
which is synonymous with termination of the contract. Rescission requires voiding a
contract and managing it as if it never ceased to exist by ensuring that all its impacts are
erased.

In addition, rescission of the contract is also to be imposed on both sides on

each other, as the party seeking rescission must normally offer to reimburse all
benefits received under the contract. One of the most common grounds for
rescission occurred as a result of a breach of contract, because each party must have
failed to perform its obligations. In this regard, rescission is chosen on the grounds
that our parties are unable to comply with the obligation to deliver innovative
products within one year, as is the case for the restrictions during the MCO period.