Frustration

Question 1

Def + Case

Answer 1

DAvies Contractors v Fareham 1956
Occurs when something happens that is not the fault of either party involved, but makes the contract, IMPOSSIBLE, ILLEGAL OR RADICALLY DIFFERENT

Question 2

Paradine v Jane

Answer 2

D forced to pay rent despite Royalist forcees occupuying her house during English Civil War

Question 3

Taylor v Caldwell

Answer 3

IMPOSSIBLE
Music Hall Burnt down so it was impossible to preform

Question 4

Robinson v Davidson

Answer 4

IMPOSSIBLE
Pianist taken ill before concert. her inability to preform frustrated the contract

Question 5

Re Shipton, Anderson and Harrison Bros

Answer 5

ILLEGAL
Contract for sale of wheat was concluded. Under wartime regualtions, goverment requisitioned the wheat before ownership had passed. This frustrated the Contract

Question 6

Denny, Mott & Dickinson v Fraser 1944

Answer 6

ILLEGAL
Contract contained option to buy timber yard. Under wartime control order, the trade would have been illegal
This frustrated the contract

Question 7

Krell v Henry

Answer 7

RADICALLY DIFFERENT
D rented flat on Pall Mall to watch coronation procession. Procession was cancelled due to Kings ill health. D refused to pay remainder of the rent
Court held plnatiff was not entiteld to recover balance of the rent

Question 8

Herne Bay Steamboat Co v Hutton

Answer 8

RADICALLY DIFFERENT
D hired boat in oredr to watch Kings Naval Review - was cancelled,
Court held plaintiffs werent able to recover money as review was not sole purpose of renting boat

Question 9

Chandler v Webster

Answer 9

Room rented for Kings coronation
Obligaiton to pay occured before frustration and therefore
- Losses lie where they fell

Question 10

Martime National Fish v Ocean Trawlers

Answer 10

SELF-INDUCED FRUSTRATION
Fishing Company hired trawler giving them fleet of 5 ships, Canadian Govt only granted 3 licenses - so didnt use the hired trawler
- Not frustrtaed as was self injudced as didnt apply for enough licences

Question 11

Davies Contractors v Fareham UDC

Answer 11

CONTRACTS LESS PROFITABLE
Claimants were contracted to build houses for the council, contracted for a fixed price and time. Took longer than agreeded due to shortage of skilled labour
Claimants tried to claim money due to delays
HoL held that builders take on the risk and are reaonsbly expected

Question 12

Amalgamated INvestments v John Walker

Answer 12

FORSEEABLE RISK MENTIONED
Contract of sale made to company who planned to devleop the land, after contract signed the building became listed
Court held no furstration as forseeable risk in buying old buildings

Question 13

s.1(2) Law Refrom (Frustrated Contracts) Act 1943

Answer 13

Money paid before frustrating event is recoverable - to prevent unjust enrichment

Question 14

S.1(3) Law Refrom (Frustrated Contracts Act) 1943

Answer 14

Party who recived valuable benefit before contract was frustrated must compensate other party

Question 15

Gamerco v ICM

Answer 15

Gamerco were promoters for Guns N Roses, engineers declared venue structually unsound. Promoters sought money they paid D
Gamerco recovered money due to Frustrated Contracts Act

Question 16

BP Exploration v Hunt

Answer 16

BP delvoped and began extracting oil from Hunts land.
Lybian Govt seized after 3yrs, before BP recovered its costs from Hunts share of profits
Court held contract was frustrated by Lybian Government nad Hunt had to compensate BP for unjust enrichment