Frustration Flashcards
Important exam tip…
…if the question is 5 marks it will likely only be asking about frustration or the limits to frustration and not both.
What is meant by frustration?
-not fault of the party
-makes contract impossible, illegal or radically different.
Three main components of frustration?
- Impossible
- Illegal
- Radically different
Which case defines frustration?
-Davis contractors V Fareham
Davis contractors V Fareham?
-circumstance must have radically changed nature of contract not just making it more difficult
What is meant when a contract becomes illegal?
-both parties ready and willing but change in law prevents performance
-this can include an outbreak of war/disease.
Which case goes with illegal?
-MPD V Dick Kerr
MPD V Dick Kerr?
-couldn’t build reservoir because war broke out.
What is meant by impossible?
-contract frustrated if it is impossible to perform.
What are the 4 ways in which a contract may become frustrated?
impossibility
1- The subject matter is destroyed
2- The subject matter is unavailable
3- One of the parties dies (no cases)
4- There is a risk of the contract being unable to be performed completely. (no cases)
Which case goes with subject matter is destroyed (impossible)?
Taylor V Cadwell
Taylor V Cadwell?
-music hall central to contract destroyed in fire.
Which case goes with subject matter unavailable? (impossible)
condor v barron kings
Condor V Baron kings?
-drummer ill- only perfrom 4/7 days.
Which cases go with radically/ fundamentally different?
- Herne Bay Steamboat Co. V Hutton
- Krell v Hentry
