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.
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