Frustration

Question 1

Frustration

Answer 1

Contract frustrated if after it’s creation though no fault of either party something happens which makes contact imposs to perform or radically diff from original bargain

Question 2

Parafine v Jane 1647

Answer 2

Held was no excuse for not performing

Was unrelisic but remained until Taylor v Caldwell

Question 3

Taylor v cadwell 1863

Answer 3

Held contract had an implied term that it existed until

Time of performance

Question 4

Davis contractors v fareham urban district council 1956

Answer 4

Expressed modern test as radical change in obligation test

Question 5

National carriers v paladins 1981

Answer 5

Felt Taylor and Davis contractor tests merged

Question 6

Davis v fareham1956

Answer 6

Must be imposs to perform

Mere expense won’t suffice

Question 7

Johnson v union marine insurance co 1874

Answer 7

Won’t apply if parties foreseen event

Force majeure Clause evidence of this

Question 8

The super servant two 1990

Answer 8

Can’t be self induced

Question 9

Examples

Answer 9

Ever widening

It’s the effect that determines frustration than nature of event

I.e illegality fibros

Krell - fundamental contract

Question 10

Fibros v fairvairn Lawson 1943

Answer 10

Ilegality

War can’t contact with enemy

If total failure of consideration can recover and money paid in advance and no need to make future payments

Question 11

Krell v henry 1903

Answer 11

Fundamental reason of contract wasn’t going ahead