Frustration Flashcards
What is discharge by frustration ?
Where a party is prevented from upholding their promise due to unforeseen intervening events
What case established the rule ?
Taylor v Caldwell
What happened in the case of Taylor v caldwell ?
Caldwell owned a music hall and rented it out to Taylor for an event.
Taylor advertised the event but before it took place the music hall burnt down.
It was impossible to complete the contract, so it was frustrated
what is the case of maritime national fish v ocean trawlers an example of ?
If frustration is self-induced it cannot apply
What is the Davis contractors case an example of ?
A contract becoming less profitable does not frustrate the contract
What is the amalgamated investment case an example of ?
Foreseeable risk does not frustrate the contract
What is the case of Armchair Answercall v People in Mind an example of ?
courts are reluctant to find that there has been frustration