Frustration

Question 1

Taylor v Caldwell

Answer 1

Facts: • Agreement to use venue for event
•Venue was burnt down (no ones fault)

Judgment: Contract frustrated

L.P: •Subject matter destroyed -> frustrated

Question 2

Condor v The Baron knights

Answer 2

Facts: • Drummer with a pop group was taken ill
• Medical opinion was that he would only be able to play 3-4 nights a week
• group had engagements for 7 nights a week

Judgment: • contract frustrated

L.P: • Incapable if performing -> illness -> frustrated

Question 3

Krell v Henry

Answer 3

Facts: • Hotel room booked for purposes of viewing royal procession
• Was cancelled
• was Contract nullified

Judgment: Contract frustrated

L.P: •performance was impossible
• Non- occurrence of event

Question 4

Maritime national fish v Ocean trawlers

Answer 4

Facts: •Licenses required for future operation of trawling ship
• Charterer of ship applied for licenses for all his ships
• only granted 3
• did not apply it to the right ship

Judgment: no frustration

L.P: •Fault was with a party therefore no frustration