frustration

Question 1

strict rule case

Answer 1

paradine v jane- paradine sued jane for rent due under a lease. forced off the land by an invading army. he was contracted to pay rent under his lease. held liable.

Question 2

why have they stopped using the strict rule

Answer 2

it lead to injustices even if the person is unable to complete for intervening events

Question 3

Taylor v Caldwell

Answer 3

rented a music hall to Taylor for 4 days. the music hall burnt to the ground. tried to sue for damages. weren’t excused for further performances.

Question 4

davis contractors v fareham UDC

Answer 4

contracted to build houses for £92,450 over a period of 8 months. shortage of labourers, took 22 months instead and cost an extra £17,651. contract was not frustrated as it was unavoidable

Question 5

3 types of frustrating events

Answer 5

1. makes performance impossible
2. performance becomes illegal
3. when it becomes commercially sterile

Question 6

cases for impossibility

Answer 6

Robinson v Davidson- husband was an agent for his wife, a pianist who was due to perform. she fell ill. unable to attend. claimant sued. her illness excused her so was frustrated.

Question 7

the nema case

Answer 7

a time charter of 9 months for a 7 month voyage. reduced to 2 months and held to be frustrated.

Question 8

case for illegality

Answer 8

Denny, mott & Dickson v James b Fraser- contracted to import goods. law changed and it became illegal so the contract was frustrated.

Question 9

cases for commercially sterile

Answer 9

Krell v henry- hired a room to see king Edwards coronation. coronation did not take place. contract was frustrated as there was no value in the room anymore

Question 10

what is self induced frustration

Answer 10

doctrine is unavailable when the event is within the control of one party

Question 11

maritime national fish v ocean trawlers

Answer 11

fishing company owned 2 trawlers and hired one. they required a license. only granted license on 2 vessels. refused to pay so tried to claim. didn’t work

Question 12

common law on frustration

Answer 12

they are bound to obligations before the frustration occured

Question 13

common law cases for frustration

Answer 13

chandler v webster- were not able to get money back from there room to see kings coronation as it was paid in advance

Question 14

the law reforms act 1943 on frustration

Answer 14

covered 3 main points:
1. recovery of money paid in advance
2. recovery for work already completely
3. financial reward where a valuable benefit has been conferred