Frustration

Question 1

Nichol and Knight v Ashton Eldridge

Answer 1

1) impossibility of performance, where it is impossible for the contract to be completed

Question 2

Davis v Fareham

Answer 2

1) x apply if performance is possible just more difficult/ expensive than anticipated

Question 3

Krell v Henry

Answer 3

2) a radical change in circumstances, if the change relates to the main purpose of the contract

Question 4

Herne Bay v Hutton

Answer 4

2) change must be sufficiently radical

Question 5

Shipton Anderson

Answer 5

3) illegality of the contract, where a change in law makes the contract illegal to perform

Question 6

Maritime National Fish v Ocean Trawlers

Answer 6

4) x apply- it is self-induced ie one of the parties’ fault

Question 7

John Walker and Sons

Answer 7

5) x apply- there was a foreseeable risk of the frustrating event occuring

Question 8

Governing AoP

Answer 8

Law Reform (Frustrated Contracts) Act 1943

Question 9

Section 1(2)

Answer 9

money paid before the frustrating event may be reclaimed, minus the other party’s expenses

Question 10

Section 1(3)

Answer 10

the value of any benefit gained by one party, other than money received, must be paid back to the other party. judge will assess this

Question 11

Definition

Answer 11

A frustrating event before the contract is completed may discharge (end) the contract (3 types)

Question 12

Checklist

Answer 12

• define
• 1) impossibility 2) radical change 3) illegality
• 1) self-ind 2) foreseeable risk
• s1(2) + s1(3) of LR(FC)A ‘43

Question 13

1) impossibility of performance, where it is impossible for the contract to be completed

Answer 13

Nichol and Knight v Ashton Eldridge

Question 14

1) x apply if performance is possible just more difficult/ expensive than anticipated

Answer 14

Davis v Fareham

Question 15

2) a radical change in circumstances, if the change relates to the main purpose of the contract

Answer 15

Krell v Henry

Question 16

2) change must be sufficiently radical

Answer 16

Herne Bay v Hutton

Question 17

3) illegality of the contract, where a change in law makes the contract illegal to perform

Answer 17

Shipton Anderson

Question 18

4) x apply- it is self-induced ie one of the parties’ fault

Answer 18

Maritime National Fish v Ocean Trawlers

Question 19

5) x apply- there was a foreseeable risk of the frustrating event occuring

Answer 19

John Walker and Sons

Question 20

Law Reform (Frustrated Contracts) Act 1943

Answer 20

Governing AoP

Question 21

money paid before the frustrating event may be reclaimed, minus the other party’s expenses

Answer 21

Section 1(2)

Question 22

the value of any benefit gained by one party, other than money received, must be paid back to the other party. judge will assess this

Answer 22

Section 1(3)

Question 23

A frustrating event before the contract is completed may discharge (end) the contract (3 types)

Answer 23

Definition