Reference no: EM133298304

Question: At a recent free legal advice event, a volunteer lawyer named Shari-Jo sat in front of the clients named Mohammed and Dinh. Dinh explained that she had entered into a contract with a coffee shop owner named Damian, but that the contract had gone completely sideways. According to the contract, Dinh had agreed to sell and deliver boxes of coffee to Damian every week which he would use for his business.

The full contract stated as follows: "The coffee seller will provide eighty boxes of medium roast coffee and eighty boxes of decaf coffee each Monday for a period of 12 months. In the event that fire or flood causes a shut-down of the buyer's shop, this contract will immediately be ended. Further, and alternatively, the buyer has the sole right to end this contract if the market price of coffee increases by greater then twenty-five percent. All parties agree that disputes about this contract will be subject to the jurisdiction of the British Columbia courts." Dinh and Damian agreed to the contract.

Dinh successfully delivered shipments of coffee to Damian for four months however, due to supply chain issues in the market, the price of coffee suddenly spiked by thirty percent. Dinh looked at the price of coffee and quickly realized she could make way more money selling the coffee to another coffee shop on new contract terms.

Dinh informed Damian that she was ending the contract. As this back and forth was happening, Dinh's shop was flooded because of heavy rainfall caused by two "atmospheric rivers" which dropped over British Columbia. Unfortunately, Dinh's shop was forced to close due to the flood. Despite all the challenges, Damian wants the contract to remain enforceable however, Dinh refuses.

Consider the facts and answer the following questions. How have the parties attempted to discharge the coffee contract by agreement? Would the specific discharge by agreement forms be successful? Why or why not? Explain with full reference to the law.