Frustration

Question 1

What is frustration of contract?

Answer 1

If a supervening event beyond the control of the parties has made future performance impossible

Question 2

What are force majeure clauses?

Answer 2

Allocate the risk of a superveneing event themselves.

Parties define events covered by clause as well as remedies.

Question 3

Frustration by illegality and whats the main case?

Answer 3

Performance of the contract becomes illegal.

Met water board v Dick, Kerr and Co

Question 4

Give the 4 grounds of frustration

Answer 4

Illegality
Destruction of subject matter
Unavailability of subject matter
Impossibility

Question 5

Limits of frustration doctrine: self induced frustration

Answer 5

One party has control over the event that causes failure in obligations

Question 6

Limits of frustration doc-negligence

Answer 6

Other party must prove D’s neg caused change in parties obligations

Question 7

Can money paid prior to frustration be recovered?

Answer 7

Law reform, frustrated comtracts se1 (2) .any money paid out prior to fe can be recovered.
.money which fell due to fe does not need to be paid