Frustration

Question 1

What is the General rule of Frustration?
- case

Answer 1

Where a party to a contract is prevent from keeping the promise because of an unforeseeable, intervening act
- Taylor v Caldwell

Question 2

Elements to discharge by Frustration

Answer 2

1) Unforeseen event
2) Performance it either
- Impossible
- Illegal
- radically different)

Question 3

Explain Impossibility?
- cases

Answer 3

Contract subject matter destroyed
- Taylor v Caldwell

Subject mater unavailable
- Jackson v Union Marine
- The Nema
The Evia (No.2)

Question 4

Explain Illegality
- cases

Answer 4

Purpose of contract become illegal
- Denny, Mott, Dickson v James b Fraser + Co

• Shipton Anderson v Harrison Bros

Question 5

Explain radical change in circumstances
- cases

Answer 5

Purpose of contract has become radically different from what was originally intended
- Krell v Henry

Question 6

What is not Frustration?
- cases

Answer 6

Self induced
- Maritime National Fish v Ocean Trawlers

Contract Less Profitable
- Davis Contractors v Fareham Urban District Council

Foreseeable risk
- Armchair Answercall v People in mind

Force Majeure clauses
- Gold Group Properties v BDW Trading

Question 7

Remedies for Frustration?

Answer 7

Law Reform (Frustrated Contracts) Act 1943
s1(2)
- advanced payments can be recovered
- person receiving payment can retain/recover sum on account on expenses