Who is Wrong?

 

Who is wrong?

‘A’ & ‘B’ are in contract in which ‘A’ has to supply manpower for supervision of certain activities.

As per contract the employee of ‘A’ to be deputed for supervision has to be certified by ‘B’.

Once it happened that ‘A’ dose not have any certified employee to cover a night shift activity.

Hence, to avoid any penal action, ‘A’ had to deploy a non-certified contract staff, as the condition of certification was only on the staff of ‘A’.

Now, who is wrong? Apparently Party ‘A’ is at fault.

However, further investigation revel that the night activity under supervision was not critical activity, and only general supervision by any un-certified person would be sufficient.

Now, who is at fault?

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