The Shotgun Trifles are musicians specializing in rock songs. They are planning a concert on a floating stage which will sail up and down the Klang river on 5 November. The Kl’s Docks Boatyard Ltd had contracted with the Shotgun Trifles for the rental of cruising boat name Maggie May for that night. On 2 October the KL’s Docks Boatyard Ltd received a better offer from Kuala Lumpur Borough Council to host a floating firework display and inform the Shotgun Trifles that the cruising boat is not available. The Shotgun Trifles express their disappointment but still want to hire the Maggie May. On the morning of 1 October, the Shotgun Trifles had agreed with Fly Promotions Co Ltd to run a series of advertisements on 31 October, 2 and 3 November, using sky-writing at a cost of RM50,000. They ring Fly Promotions Ltd on the afternoon of 1 October to cancel their deal, as they decide that sky-writing is contrary to their ecological credentials and might offend some of their fans. Fly Promotions Ltd say it is too late and they will run the promotion regardless. On 4 November the Maggie May was struck by lightning and sank. Advise the Shotgun Trifles as to whether they have any cause of action against the KL’s Docks Boatyard Ltd for breach of contract, and whether they have to pay Fly Promotions Ltd who ran the sky-writing and are now threatening to sue for price.
The Shotgun Trifles are musicians specializing in rock songs. They are planning a concert on a floating stage which will sail up and down the Klang river on 5 November. The Kl’s Docks Boatyard Ltd had contracted with the Shotgun Trifles for the rental of cruising boat name Maggie May for that night. On 2 October the KL’s Docks Boatyard Ltd received a better offer from Kuala Lumpur Borough Council to host a floating firework display and inform the Shotgun Trifles that the cruising boat is not available. The Shotgun Trifles express their disappointment but still want to hire the Maggie May.
On the morning of 1 October, the Shotgun Trifles had agreed with Fly Promotions Co Ltd to run a series of advertisements on 31 October, 2 and 3 November, using sky-writing at a cost of RM50,000. They ring Fly Promotions Ltd on the afternoon of 1 October to cancel their deal, as they decide that sky-writing is contrary to their ecological credentials and might offend some of their fans. Fly Promotions Ltd say it is too late and they will run the promotion regardless.
On 4 November the Maggie May was struck by lightning and sank.
Advise the Shotgun Trifles as to whether they have any cause of action against the KL’s Docks Boatyard Ltd for breach of contract, and whether they have to pay Fly Promotions Ltd who ran the sky-writing and are now threatening to sue for price.
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