frustration

Question 1

what is frustration?

Answer 1

frustration occurs when a contractual obligation can no longer be performed as a result of unforeseen circumstances which are beyond the control of either party

Question 2

Outline the various circumstances in which the courts have deemed contracts to have been frustrated.

Answer 2

contract becomes impossible
without default of either party, a contractual obligation has become incapable of being performed
the event must be an unexpected event
if one party anticipated or should have anticipated the possibility of the event which is alleged to cause the frustration and did not incorporate a clause in the contract to deal with it, he should not be permitted to rely on the happening of the event as causing frustration

Question 3

give 5 examples of frustration.

Answer 3

Taylor v caldwell - destruction of subject matter
Jackson v union marine insurance - unavailability of subject matter
kean v hart - death of a party
neville and sons ltd v guardian builders ltd / collins v Gleeson - increased burden of performance

Question 4

what is self induced frustration?

Answer 4

carelessness or some degree of fault in a claim for frustration

Question 5

example of self induced frustration.

Answer 5

Herman v owners of ss vicia