Reference no: EM133199985

Fred is a bulldozer driver who has been contracted by the Ace Logging Company to knock down and remove a number of large trees. The contract stipulates that Fred was to start work on 1 February and have the job completed by 5:00pm on 7 February. 

Fred began work on 1 February as agreed. However, on 5 February he arrived to the work site to find a group of protestors had chained themselves to a number of the trees and also to Fred's bulldozer, making it too dangerous for him to continue working. The protestors had set up a camp at the site and told Fred they were planning on staying there for at least a week. 

Fred called Ace and asked them what he should do. They said the only option was to call the police and have the protestors forcibly removed from the work site. Fred called the police who told him they would not be able to come and remove them until 8 February at the earliest.

Fred is worried he will not be able to complete the contract and seeks your advice as to whether he can have the contract terminated for frustration. Will he be successful?

1. State the issue or issues
2. State the relevant rule or rules
3. Cite the relevant case or cases
4. Answer yes or No to the question posed at the end of the problem and EXPLAIN the reasons for your answer.