Discharge of Contract: Frustration

Question 1

Taylor v Caldwell

Answer 1

• As the destruction of the music hall was not the fault of either party, so the contract was frustrated.

Question 2

Jackson v Union Marine Insurance Co. Ltd

Answer 2

• The long delay in loading caused by it running aground amounted to frustration of the contract.

Question 3

Robinson v Davidson

Answer 3

• Illness of a person who is to perform personally can amount to frustration.

Question 4

Condor v The Baron Knights

Answer 4

• Acting on medical advice can be sufficient for frustration of contract.

Question 5

Denny, Mott and Dickson Ltd v James B. Fraser and Co. Ltd

Answer 5

• The law has changed so that importing goods of that kind became illegal after the contract was made. This frustrated the contract.

Question 6

Re Shipton Anderson and Co and Harrison Bros and Co

Answer 6

• The government requisitioned the cargo so the contract was frustrated.

Question 7

Krell v Henry

Answer 7

• The event, which was the main purpose of the contract, would not occur therefore the contract was frustrated.

Question 8

Herne Bay Steamboat Co v Hutton

Answer 8

• The contract was not frustrated as one main reason for the contract still remained.

Question 9

Maritime National Fish Ltd v Ocean Trawlers Ltd

Answer 9

• The choice of which boat to allocate a licence to amounted to self-induced frustration.

Question 10

Gamerco SA v ICM Fair Warning (Agency) Ltd and Missouri Storm Inc

Answer 10

• The licence was withdrawn by a third party so the contract was frustrated.

Question 11

Armchair Answercall v People in Mind

Answer 11

• In general, the courts are reluctant to find there has been frustration of contract.