Monday, April 27, 2009

Contract Case

In Germany, a funny case has been brought to court for breach of contract.
Demetrius Soupolos, 29 and his wife Traute (a former beauty queen) wanted to have a child badly, but Demetrius was told by his doctor that he was sterile.
So Demetrius and Traute agreed to hire thier neighbour, Frank Maus, 34 to have sex with Traute in order to make her pregnant. Frank has 2 children at the material time.
The salient terms of the agreement are:
1. Frank’s main duty is to make Traute pregnant
2. The job shall be conducted for 3 evenings per week for the next 6 months
3. In return, Demetrius shall pay a sum of $2,500 as consideration to Frank for his “hard work”
Frank tried deligently all nights long, till Frank’s wife protested. Frank said he, in fact, didn’t enjoy doing it, but for the money.
Surprisingly Traute was still not pregnant, despite 72 attempts.
Demetrius got upset and sent Frank for a medical examination. Though Frank was reluctant in the beginning, no choice but to accept the proposal.

Doctor found that Frank was also sterile. The medical result shocked everyone but Frank’s wife.
At the end, Frank’s wife confessed to her husband that Frank was not the real father of their 2 childern.
Now Demetrius sued Frank for breach of contract and asking for refund as Frank did not fullfil the main term of the contract. However, Frank’s defence was his duty was to try his best and did not guarantee the result. (This makes me think of a similar Chinese saying that a marriage agent’s duty is only try her best to procure the marriage and no guarantee that both couple is able to have child)
So if you were the presiding judge, what is your decision?

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