Frustration

Question 0

Condor v Barron Knights

Answer 0

Unavailability of a specific person –> frustration

Question 1

Taylor v Caldwell

Answer 1

A contract may be frustrated if an unforeseen event occurs after the contract has been formed which was not the fault of either party and which makes the contract impossible to perform or makes performance of the contract radically different

Question 2

Krell v Henry

Answer 2

non-occurrence of a fundamental event –> frustration

Question 3

Herne v Hutton

Answer 3

the event which did not occur was held not to be fundamental for the contract –> no frustration

Question 4

Tsakiroglu v Noblee

Answer 4

Here delay was held not to make performance radically different

Question 5

Fibrosa v Fairbairn

Answer 5

Illegality as frustrating event (occupation of Poland case)

Question 6

The Super Servant Two

Answer 6

self-induced frustration will not discharge the contract

Question 7

National Carriers v Panalpina

Answer 7

frustration can apply to a lease of land