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Contract > Discharge By Frustration > Flashcards

Discharge By Frustration Flashcards

1
Q

If a party was prevented from fulfilling their part of the contract because of an unforeseeable, intervening event, they would not be liable for a breach of contract

A

Discharge by frustration

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2
Q

Discharge by frustration

A

If a party was prevented from fulfilling their part of the contract because of an unforeseeable, intervening event, they would not be liable for a breach of contract

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3
Q

What are the grounds for claiming frustration?

A
  • impossibility
  • illegality
  • radical change in circumstances
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4
Q

Impossibility cases

A
  • Taylor v Caldwell
  • Jackson 1874
  • Robinson v Davidson
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5
Q
  • Taylor v Caldwell 1863
  • Jackson 1874
  • Robinson v Davidson 1871
A

Impossibility cases

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6
Q

Taylor v Caldwell 1863

A

the subject matter is destroyed

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7
Q

the subject matter is destroyed

A

Taylor v Caldwell 1863

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8
Q

the subject matter becomes unavailable

A

Jackson 1874

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9
Q

Jackson 1874

A

the subject matter becomes unavailable

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10
Q

Robinson v Davidson 1871

A

A party is unavailable to perform the service because of illness

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11
Q

A party is unavailable to perform the service because of illness

A

Robinson v Davidson 1871

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12
Q

Illegality case

A

Denny, Mott and Dickson 1944

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13
Q

Denny, Mott and Dickson 1944

A

Illegality case

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14
Q

A change in the law that makes the contract illegal to perform

A

Denny, Mott and Dickson 1944

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15
Q

Denny, Mott and Dickson 1944

A

A change in the law that makes the contract illegal to perform

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16
Q
  • Krell v Henry 1903
  • Hutton 1903
A

Radical change in circumstances cases

17
Q

Radical change in circumstances cases

A
  • Krell v Henry 1903
  • Hutton 1903
18
Q

The commercial purpose (main purpose) is destroyed

A

Krell v Henry 1903

19
Q

Krell v Henry 1903

A

The commercial purpose (main purpose) is destroyed

20
Q

Hutton 1903

A

If the commercial purpose is not destroyed, the contract is not frustrated

21
Q

If the commercial purpose is not destroyed, the contract is not frustrated

A

Hutton 1903

22
Q

The contract will not be frustrated if…

A
  • one party induces the frustrating event (it would be a breach)
  • if the event was or should have been foreseen
  • If the contract has become less profitable
23
Q

If one party induces the frustrating event, the contract is what?

A

breached

24
Q

Maritime National Fish 1935

A

The contract will not be frustrated if one party induces the frustrating event

25
Q

The contract will not be frustrated if one party induces the frustrating event

A

Maritime National Fish 1935

26
Q

force majeure clause

A

excludes liability for delay in performance or the non-performance if there are extraordinary events

27
Q

excludes liability for delay in performance or the non-performance if there are extraordinary events

A

force majeure clause

28
Q

Depending on the circumstances, it is still possible to rely on frustration in the absence of what clause?

A

force majeure clause

29
Q

Armchair Answercall v People in Mind 2016

A

The contract is not frustrated if the event was or should have been foreseen

30
Q

The contract is not frustrated if the event was or should have been foreseen

A

Armchair Answercall v People in Mind 2016

31
Q

The contract will not be frustrated if the contract has become less profitable

A

Davis Contractors 1956

32
Q

Davis Contractors 1956

A

The contract will not be frustrated if the contract has become less profitable

33
Q

S.1(2) of The Law Reform (Frustrated Contracts) Act 1943

A
  • Any money already paid before the frustrating event is recoverable
  • Any money payable before the frustrating event is no longer owed
34
Q
  • Any money already paid before the frustrating event is recoverable
  • Any money payable before the frustrating event is no longer owed
A

S.1(2) of The Law Reform (Frustrated Contracts) Act 1943

35
Q

If any valuable benefit has been obtained, payment may be ordered by the court

A

S.1(3) of The Law Reform (Frustrated Contracts) Act 1943

36
Q

S.1(3) of The Law Reform (Frustrated Contracts) Act 1943

A

If any valuable benefit has been obtained, payment may be ordered by the court

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