Kakitu!

Tiiga Waana

Elder Lister
Rundisha fare yangu Ile nirituma ukakataa kukuja
@Aviator,
A small but powerful legal advice to you. For free, mind you😀

A contract of the nature you had with @Female Perspective where there could be many intervening variables hindering it from happening should ideally have a force majeure clause.

In plain English, this is what we call “An Act Of God “ Clause.
The importance of this clause can not be overstated as it protects both of you from liabilities occasioned by non-performance of a contract due to happenings beyond the parties’ control. eg earthquake, accidents or even kunyesha as in this case.

A force majeure clause would have stipulated how to proceed should an unexpected variable happened making performance impossible at the stipulated time and date.

It could for instance have stated that monies and favours (lunches, dinners, flowers, outings) exchanged be refunded or that performance be postponed to a later date when nyesharing abated
 

Aviator

Elder Lister
@Aviator,
A small but powerful legal advice to you. For free, mind you😀

A contract of the nature you had with @Female Perspective where there could be many intervening variables hindering it from happening should ideally have a force majeure clause.

In plain English, this is what we call “An Act Of God “ Clause.
The importance of this clause can not be overstated as it protects both of you from liabilities occasioned by non-performance of a contract due to happenings beyond the parties’ control. eg earthquake, accidents or even kunyesha as in this case.

A force majeure clause would have stipulated how to proceed should an unexpected variable happened making performance impossible at the stipulated time and date.

It could for instance have stated that monies and favours (lunches, dinners, flowers, outings) exchanged be refunded or that performance be postponed to a later date when nyesharing abated
Can an oral contract have that force majeure clause?
 

Aviator

Elder Lister
I don’t see the reason why not. You could concretise it by a text message spelling out the same. This would be your documentary evidence on the event that @Female Perspective denied any knowledge of a force majeure.
If you're appointed the mediator, what would you recommend?
1) I forget and move on
2) I get full refund
3) FP deliver the goods at her cost when she/it is not raining.
 
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