Can Destroyed Item Be Claimed Under Compensation


Naiker has recently developed an interest in playing the piano. He wanted to buy a second hand piano to learn. Ahmad who owned a piano posted an offer by letter to Naiker on Monday 2 June as follows: “Good quality piano for sale $2,500. If you are interested in buying you must write to me.” The letter Ahmad posted was delayed because of the postal strike and only reached Naiker on Thursday 5 June. When Naiker saw this offer he was overjoyed and in order not to miss the opportunity of buying the piano he immediately posted his letter of acceptance on Friday 6 June. Naiker’s letter only reached Ahmad on Monday 9 June.

Meanwhile, Ahmad not receiving a reply from Naiker believed that he is no longer interested in buying the piano, sold it to Janice on Friday 7 June.

Since Ahmad is an accomplished pianist he organises concerts and plays the piano in these concerts. As usual he had booked the Emerald Concert Hall for his concert. But just one day before the concert Emerald Concert Hall was struck by lightning and the entire concert hall was burnt down. Ahmad had to cancel the concert and refund all the money paid by the audience. His piano which was brought to the Emerald Concert hall two days before the concert has also been destroyed by the fire.

a) Advise Naiker whether there is an enforceable contract?
b) Advise Ahmad whether he has any claim against Emerald Concert Hall in contract law?


The question belongs to Law and it discusses about a scenario in commercial law. The scenario is about a musician bringing in his piano to a concert hall and due to an unforeseen incident, the piano is destroyed. Can the musician sue the concert hall management for his destroyed piano? This question has been answered in the solution.

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