Frustration Flashcards

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1
Q

doctrine of frustration

A

due to a subsequnet change of circumstances, the contract is rendered impossible to perform, or it has become deprived of it’s commercial purpose by an event

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2
Q

significance

A
  1. there is a need to decide whether the chnage in circumstances would make performance radically different
  2. the parties may have expressly provided for impossibility in perfromance
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3
Q

by impossibility - destruction of the subject matter

A

Taylor v Caldwell - it is impossible for the contract to take place due to the hall unexpectedly being burnt down

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4
Q

unavailability of the subject matter

A

The neema - 7 voyages were planned between april and december but due to strikes took longer than expected

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5
Q

delays and interruption

A

does not always amount to frustration - a building job taking longer and costing more than expected

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