Lena Zola contracted Mariene Kamonya, a musician, to perform during a talent music award. Two days before the much awaited event, Mariene Kamonya contracted a severe bout of malaria and was hospitalised. She was therefore unable to perform at the award. Lena Zola is aggrieved as she had already paid a deposit to Mariene Kamonya. www.masomomsingi.co.ke Page 12 Advise Lena Zola.

Advise to Lena Zola

• This is a case of discharge of contract by frustration.
• Mariene Kamonya’s illness was an unforeseen circumstance which prevented her
  from performing her part of the contract.
• Money paid by Lena Zola is recoverable on a quantum merit basis.
• Any further money payable to Mariene Kamonya ceases to be payable.
• Lena Zola can therefore not sue Mariene Kamonya successfully.