Frustration

Question 1

Taylor v Caldwell

Answer 1

Contract had been frustrated due to the fire burned down the music hall making the contract impossible to perform.

Question 2

Avery v Bowden

Question 3

Metropolitan Water Board v Dick Kerr

Answer 3

Government intervention ordered all work on a contract to stop so that the materials could be used to help the war effort so the contract between the parties was frustrated.

Question 4

Krell v Henry

Answer 4

Coronation did not take place causing the contract to be frustrated.

Question 5

Herne Bay Steam Boat Company v Hutton

Answer 5

Contract was no frustrated although there was no coronation as there was a commercial element in hiring the boat and seeing the review of the fleet.

Question 6

Whincup v Hughes

Answer 6

A six-year apprenticeship with a watchmaker came to an end after a year, when the watchmaker died.

Question 7

Davies Contractors Ltd v Fareham Urban District Council

Answer 7

It is not frustrated where there is merely inconvenience, hardship or increased expense.

Question 8

Gamerco v ICM/Fair Warning

Answer 8

Claimant paid $412000 as an advance > Claimanrs had incurred $400000 expenditure
> Claimants recovered the full $412000 advance payment

Question 9

Law Reform (Frustrated Contracts) Act 1943

Answer 9

1. S1(2)
   > All sums payable before the frustrating event cease to be payable
   > All sums paid befire the frustrating event are recoverable
   > There is discretionary power to allow the payee to deduct money already owed to him/her by the payor against sums paid and/or expenses incurred before thhe frustrating event
2. S1(3): gives discretionary power to award a sum in respect of a valuable benefit received before the frustrating event.