Tom will argue that there was misrepresentation as he was not informed of the return policy. This will most likely not be considered …show more content…
Even if frustration was present, there are other steps Lucy could have taken to minimize damages caused by her failure to execute the contract.
Charles would argue that he was not informed of the frustration, and Lucy did not promptly express repudiation. If the breach was anticipatory, Charles could have sued for breach of contract but now he can sue for all loses, including loss of profit and advertising. He was also unable to mitigate his damages as he was unaware that Lucy would not be able to perform on the contract.
The likely result of the action would be passed in favor of Charles. As a result, Charles would be entitled to damages due to Lucy’s failure to comply with the contract and lack of communication with