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NSW Booked Car with Transport Company but it was Destroyed

Discussion in 'Property Law Forum' started by Muna, 26 March 2015.

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  1. Muna

    Muna New Member

    26 March 2015
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    I called the transport company and book the toyota corolla car for 1 week which I used before. When I go to take the car they told me that car has been destroyed 2 days before but they forgot to mention when I called. Can I sue against company?
  2. Paul Cott

    Paul Cott Well-Known Member

    26 May 2014
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    This sounds like a situation called frustration of the contract.

    Therefore the law would treat the contract as at an end and equitably a court should be bake to reverse the transaction and put the parties in a situation as if the contract had not been formed. However why can't you just hire a different car and any money you have paid go towards the cost of that.

    Hope that helps.
    Tim W likes this.

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