By J. Moses Harry
The conference organizer has expressed frustration due to the unlawful imposition of a state of emergency.
The word on the street is that the unlawful imposition of state of emergency has frustrated the holding of the conference in Port-Harcourt. See for example, Krell v Henry [1903] 2 KB 740, which established that a contract may be discharged if an unforeseen event (state of emergency due to insecurity) renders its performance impossible or fundamentally different from what was agreed.
Similarly, Taylor v Caldwell (1863) 3 B & S 826 supports frustration when an event (state of emergency) destroys the basis of the contract without the fault of either party.
In the present case, the imposition of state of emergency by the Feds has rendered holding of the conference impossible. This has discharged the NBA from making any refunds at all.
