Breach - Frustration Flashcards
Define frustration
Is when a contract or an obligation becomes impossible to complete due to no fault of the parties
Impossibility of performance
Someone dies, key subject matter of contract is destoryed ect - Condor v The Baron Knights
Illegality of perfroamnce
Becomes illegal - Re Shipton v harrison Bros
Self induced Frustration
Where one of the parties causes the frustrating event - No frustration - Maritime National fish v Ocean Trawlers
Frustrating event was implied in contract
Or they had it in comtemplation at the time of making the contract - Amalgamated investment v John walker and sons
Contract has become less profitable
No frustration - Davis contractors v Fareham Urban district