Frustration

Question 1

Frustration

Answer 1

Frustration of contract is a legal concept that allows a contract to terminate when unforeseen circumstances beyond the parties’ control arise.

Question 2

Frustration test

Answer 2

1. Unforeseen event
2. Impossible or radically different
3. No fault

Question 3

Unforeseen event

Answer 3

The event that causes the frustration must be unexpected and not caused by either party.

Question 4

Impossible or radically different

Answer 4

The event must make the contract impossible to perform or change the nature of the obligations so radically that it would be unfair to enforce the original terms.

Question 5

No fault

Answer 5

The frustrating event cannot be due to the fault of either party.

Question 6

Causes of frustration

Answer 6

Delay, futility, performance more onerous, self induced frustration

Question 7

Delay

Answer 7

A delay caused by factors outside the control of either party can sometimes lead to frustration if it significantly alters the timing or purpose of the contract.

Question 8

Futility

Answer 8

A situation where the performance of a contract becomes pointless or meaningless due to unforeseen circumstances, even though it is still technically possible to perform the obligation.

Question 9

Performance more onerous

Answer 9

When the performance of a contract becomes more onerous—meaning more difficult, costly, or burdensome—it does not automatically lead to frustration.

Question 10

Self-Induced Frustration

Answer 10

Where frustrating event arises from conscious act or omission. Is not frustration.