Description

1. A new international agency was set up by the UN in London at the beginning of 2020 called the “International Piracy Rescue Agency” (IPRA). Its remit is to provide for an international standing rapid armed response unit to stop piracy on the High Seas. The IPRA contracted to buy 3 state of the art ships from 3 different contractors deliverable by 31 December 2020 and each contractor was paid a sum of £10m on a contract price of £20m.

All the ships have yet to be delivered. Contractor A is now insolvent as a result of problems caused by Covid 19 and says it can no longer complete the contract. It says it has spent £5m on materials. Contractor B has had all its assets (including the shipyard where the ship is being built) expropriated by the state where it operates and also can no longer complete the contract. It says it spent £11m on construction. Contractor C completed the ship at a cost of £15m but the ship is being held by rebels and there is no indication how long it will remain embargoed.

Advise the IPRA whether it can use the doctrine of Frustration to get back any of its deposits.

2. Discuss the extent to which the Parol Evidence Rule is a presumption rather than a strict legal rule.

[important note – be more critical rather than descriptive