Discharge - Frustration Flashcards
What factors prevent performance in frustration?
Factors beyond the control of the party.
What case established the doctrine of frustration?
Paradine v Jane: rent, unvacated army.
When was the doctrine of frustration developed?
In the 19th century.
What is the effect of an unforeseeable event in frustration?
It relieves the parties from their contractual obligations.
What case involved music hall performance being impossible?
Taylor v Caldwell.
What was the outcome of Jackson v Union Marine Insurance Co?
Ship aground implied frustration due to long delay.
What was the issue in Robinson v Davidson?
Actor’s illness was a condition precedent.
What was the ruling in Cendor v The Baron Ungers?
Band’s inability to perform was frustrated.
What case involved a musician’s contract being frustrated due to conscription?
Morgan v Manser.
What was the issue in Pioneer Shipping v BTP Tioxide?
Only 2 voyages instead of possible 7 due to strikes.
What case involved a government order stopping work?
Metropolitan Water Board v Dick Kerr & Co.
What was the outcome of Denny Matt & Dickinson Ltd v James B Fraser Co?
Contract to import was frustrated if law changed.
What case involved requisitioning grain during war?
Reshipment Anderson & Co v Harrison Bros.
What was the issue in Krell v Henry?
Hire room for coronation; refused to pay.
What was the ruling in Herne Bay Steamboat Co v Hutton?
Boat to see review by king was not frustrated.
