Frustration Case Cards Flashcards
Taylor v Caldwell
Frustration due to destruction of Subject Matter. Hired out a music hall. It burnt Down.
Jackson v Union Marine
Ship grounded 8/12 months= frustrated
Asfar v Blundell
Shipment of Dates was destroyed after they sank. Frustrated.
Davis Contractors v Fareham
No frustration if just substantially more difficult to perform. They were going to loose a lot of money on contracting job. Not frustrated just harder and at a loss.
National carriers v Panalpina
rented out warehouse for 10 years. first 20 months it was inaccessible. Not frustrated, lots of time left.
Tamplin v Anglo Mexican
Government intervention may frustrate. 5 year contract, government seized for 2 years, not frustrated time left.
British Petroleum v Hunt
Government intervention. BP put in lots of money to extract oil from H’s Land. Libya takes land. BP were awarded 35 mil for their expenses.
Howell v Coupland
Failure of source of specific goods frustrates. Contract for sale of potatoes from specific field. Crop failed. Frustrated.
Krell v Henry
Coronation case. common purpose not performable. Rented a room to see coronation. No coronation, frustrated.
Herne Bay v Hulton
They rented a Boat to take them down the river and see the coronation as well. The coronation was postponed but their case for frustration failed because they still obtained the benefit of the boat ride
Fibrose v Fairbairn
Illegal to perform=frustrated. Polish company contracted with english company to buy machine. WWII broke out an illegal to perform. Got back their deposit, total failure of consideration, they got nothing in return.
Whincup v Hughes
If you are given something for your consideration and then its frustrated, you get nothing. Son apprenticed w/ watchmaker. he died after 2 years. got benefit.
Gamerco v Fair Warning
Frustration. Guns and Roses concert, stadium not fit. They were awarded some money for advertisement loss.
1) incurred expenses before frustration in performance of contract.
