Ending Contracts Flashcards
Discharge by Frustration(impossibility) :
Jackson v Union Marine Insurance (1874)?
- ship hired to sail from Liverpool to Newport
- would be loaded with cargo to sail to San Francisco
- ran aground and could not be loaded for long time
LP: court agreed there was an implied term that says the ship be available for loading for reasonable time so delay frustrated contract
Discharge by Frustration(impossibility):
Robinson v Davidson (1871)?:
- pianist contracted to perform but hours before got ill
- husband informed C she couldn’t perform
LP:
• court decided contract made on condition that she would be well enough to perform
• illness was frustrating event
Discharge by Frustration(contract becomes illegal to perform): Denny Mott & Dickson v James Fraser (1944)?:
• a contract to import goods would be frustrated if it became illegal to import those goods after the contract was made
Discharge by Frustration(illegal to perform):
Re Shipton Anderson & Harrison (1915)?:
- a cargo of grain was sold but then war broke out before it could be delivered.
- the government requisitioned it, so the contract was frustrated
Discharge by Frustration(radical change of circ.):
Krell v Henry (1903)?:
- man hired a hotel room in order to watch Edward VII’s coronation procession on the streets below
- prince became ill so procession was postponed
LP
• court said contract was frustrated as the event was the mans purpose of the contract, even though the room could still be used
Discharge by Frustration(radical change of circ.):
Herne Bay Steamboat v Hutton (1903)?:
- another contract made as result of Edward VII’s coronation
- Hutton hired steamboat to watch the naval fleet that was paraded as part of the coronation celebrations (wasn’t cancelled)
LP:
• contract was not frustrated as the main purpose was to watch the fleet, which still remained
• the kings presence being missing was not enough to frustrate the contract
