discarge of performance-frustration Flashcards
what is the genral rule for discarge by frustration
if after a contract is made an incident happens through no fault of either party making performance impossible - frustrated
give a case over the genral rule of frustration
taylor v caldwell
what 3 elements must there be for a frustrated contract
1-frustrated event happend after contract was made
2-event was fundimental to contract
3-event is beyond parties control
what things must the frustration be a result of
imposiblity
illegality
radical change of circumstaces
what must be the case for imposiblity
perfromance is unavaliable/distruction or unabaliblity of something essential to the contract
give a case for a succsessfull claim for an imposiblity frustration
jacksonv union marine insurance co
whill will happen if someing in the contract is illegal
if after the contract is formed a change in the law made the performance illegal the contract will be frustrated
give a case for illegality frustration
denny, mott, dickinson ltd
what will happen if theres a radical change in cincumstances
if the essential comercial purpose based on event that cant take place of a contract cannot be achieved frustrated
give a case were a change in circumstances let to frustration
krell v henry
give a case where a change in circumstances didnt lead to a frustration
herne bay steam boat co
can leases be frustrated + case
yes
national carriers v panal pina
can employment contracts be frustrated + case
yes
robinson v davison
what are the limits to frustration
self induced
contract less profitable
forseeable/mentioned risk
what is self induced frustration
if a party delibratly choses a course of action making it imposible-self induced-not frustration-possible breach
give a case where frustration was self induced
maritime national fish ltd v ocean trawlers
is a contract becoming less profitable a reason for frustration + case
no
davis contractors ltd v foreham udc
what will happen if the event was forseeable/ mentioned in contract
not a frustrationg event
give a case for forseeable frustration
armchair answell v people in mind
what is a ‘force majeure’ clause
inc to protect parties from liablity in extrodranry events
what are the common law remidies for frustration
the contract ends
what is the statute covering remidies for frustration
law reform (frustrated contracts) act 1943
what is said in s1(2) law reform (frustrated contracts) act 1943
money paied pre event recoverable
no obligation to pay/service
compenstation for injured party for expenses
what case reafirms compenstation for injured party for expenses under s1(2)
gamerco v icm
what dose s1(3) law reform (frustrated contracts) act 1943 say + case
court can order JUST compensation to be paied for any valuable benifit one party gained under frustrated contract
BP exploration v hunt
