Question

Global Transport Inc. has a contract to deliver supplies from the Greater Vancouver Area to Whistler. The highways leading to Whistler are frequented by rockslides. If Global Transport defaults on its delivery obligations due to a rockslide, which legal doctrine might Global Transport raise as a defense in an effort to avoid damages for non-delivery?

a) Force majeure
b) Anticipatory breach
c) Mutual mistake
d) Rescission

Answer 1

Global Transport Inc. could raise the legal defense of force majeure to avoid damages for non-delivery due to a rockslide on the highways to Whistler.

Step-by-step explanation:

The legal doctrine that Global Transport Inc. might raise as a defense in an effort to avoid damages for non-delivery due to a rockslide is force majeure. Force majeure refers to unforeseeable circumstances that prevent a party from fulfilling its contractual obligations. In this case, the rockslide would be considered a force majeure event, as it is an external event beyond Global Transport's control that makes delivery impossible.

By invoking force majeure as a defense, Global Transport can argue that the rockslide was an unforeseeable event that hindered their ability to deliver the supplies to Whistler. This defense can help relieve them of any liability for non-delivery and damages resulting from it.

For example, if Global Transport had included a force majeure clause in their contract with the client, it would explicitly state that they cannot be held responsible for any delays or failures in delivery caused by events like rockslides. This clause would protect them from legal consequences.