Frustration Flashcards
What is frustration
A device you set aside contracts when an unforeseen event either renders contractual obligations impossible or radically changes parties principle for entering
What are the 4 categories which amount to frustration
Impossibility, illegality, radical changes in circumstances, specific cases (leases and employment contracts)
What case supports impossibility for frustration
Jackson v union marine insurance
What case supports illegality in frustration
The fibrosa
What case shows radical change in circumstances rule for frustration
Krell v henry
What case shows frustration in leases
National carriers v panalpina
What case shows frustration in employment contracts
Robinson v davidson
What are the exceptions to the frustration rule
Makes contract more onerous, foreseen or foreseeable, self induced
What case shows more onerous contracts in frustration
Tsakiroglou v noblee thorl gmbh
What case supprts the exception of foreseen or foreseeable consequences
Davis contractors v fareham udc
What case shows the exception rule of self induced frustration
Maritime national fish v ocean trawlers
What are the legal consequences for frustration
Contract is terminated but isnt treated as though it never existed
What are the common law consequences for frustration
- any advance payments wouldnt be recoverable
- any payments due after wouldnt be payable
What act limits frustration
Law reform ( frustrated contracts) act 1943
What does s. 1(2) of law reform (frustrated contracts) act 1943 state
- The Obligations to pay money
- recovery for work already undertaken
