Question

At a sports bar, Martin offers to sell an authentic Wayne Gretzky Edmonton Oilers hockey jersey to his friend Alfred for $400. Unknown to both, Martin’s dog at home has just finished shredding the jersey. Carl arrives at the bar, and hearing of the deal, tells Alfred he has previously seen the jersey, and that it is not “game-worn” by Gretzky, but rather a current authorized production official replica jersey, made by an NHL-licensed supplier. What legal principles apply to this deal?

Answer 1

answer-

In this case, Two legal principles apply to this deal-

The first legal principle is Misrepresentation of facts. Under law, misrepresentation of facts means an untrue statement of a material fact made by one party which affects the other party's decision in corresponding to a contract. The presence of mispresentation can make contract void.

In this case, we see that main fact that Alfred would buy the jersey based on the fact that it is original not any replica but Martin mispresent the fact.

Second legal principle is Frustrated contract. A frustrated contract is a contract that, subsequent to its formation, and without fault of either party, is incapable of being performed due to an unforeseen event (or events), resulting in the obligations under the contract being radically different from those contemplated by the parties to the contract.

In this case, Both were unknown that Martin’s dog at home has just finished shredding the jersey. This means the main subject matter of contract is destroyed without either of fault. This frustrated the contract because contract can not be performed without main subject matter that is Jesey.