Frustration

Question 1

Taylor v Caldwell

Answer 1

Created frustration, neither parties fault, contract ended.

Question 2

Force Majure clauses

Answer 2

Can put in contracts to cover for any “extraordinary events”, but can still get frustration without it.

Question 3

Taylor v Caldwell (impossibility)

Answer 3

Subject matter is destroyed so cannot perform contract.

Question 4

Jackson

Answer 4

Subject matter becomes unavailable e.g boat gets stuck.

Question 5

Tsakiroglou

Answer 5

Link to Jackson, more challenging / expensive circumstances are not the same as unavailable

Question 6

Condor v Barron Knights

Answer 6

Link to Jackson. Medical condition made him unavailable.

Question 7

Denny v James foster

Answer 7

Law changes makes it illegal to perform a contract.

Question 8

Krell v Henry

Answer 8

Change in circumstance made contract pointless

Question 9

Davis v Fareham

Answer 9

Link to Krell v Henry. Only more difficult is not the same as pointless.

Question 10

Amalgamated investment property

Answer 10

Foreseeable events are a limit to frustration.

Question 11

Super-servant two

Answer 11

Self-induced frustration is not frustration as it is their “fault”.

Question 12

Law reform act 1943

Answer 12

Changed the “lay it where it lands” rule.

Question 13

S1(2) LRA

Answer 13

Money payed before frustration is recoverable, money due to be paid is no longer.

Question 14

S1(3) LRA

Answer 14

If no payments made but a party partially performed, money is to be awarded. (Gamerco)