Frustration Flashcards
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
2
Q
significance
A
- there is a need to decide whether the chnage in circumstances would make performance radically different
- the parties may have expressly provided for impossibility in perfromance
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
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
5
Q
delays and interruption
A
does not always amount to frustration - a building job taking longer and costing more than expected