discharge by frustration

Question 1

doctrine of absolute contracts (parties must perform the full contract)

Answer 1

Paradine v Jane

Question 2

impossible to perform:
destruction or unavailability of something essential for the contracts performance

Answer 2

Taylor v Caldwell

Question 3

personal performance

Answer 3

Robinson v Davidson

Question 4

illegal to perform

Answer 4

Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barfour

Question 5

radically different
(purpose no longer tangible)

Answer 5

Krell v Henry

Question 6

radically different
(purpose of the contract was not voided)

Answer 6

Herne Bay Steam Boat v Hutton

Question 7

time of frustrating event

Answer 7

Taylor v Caldwell

Question 8

not very specific force majeure clauses

Answer 8

Metropolitan Water Board v Dick Kerr

Question 9

force majeure clauses causing issues with interpretation

Answer 9

RTI Ltd v MUR Shipping

Question 10

contracts becoming more onerous or expensive

Answer 10

Davis Contractors Ltd v Fareham UDC

Question 11

self-induced frustration

Answer 11

Maritime National Fish Ltd v Ocean Trawlers Ltd

Question 12

(s.1(2) Law Reform (Frustrated Contracts) Act 1943

Answer 12

money owed ceases to be payable

Question 13

(s.1(2) Law Reform (Frustrated Contracts) Act 1943

Answer 13

money already paid can be recovered subject to deduction of expenses incurred

Question 14

(s.1(3) Law Reform (Frustrated Contracts) Act 1943

Answer 14

if one party has received a valuable benefit because of something done by the other in performance of the contract, the party receiving the benefit can be ordered to pay a just sum in return for it

Question 15

frustration & common mistake overlapping

Answer 15

Griffith v Brymer