LR(FC)A 1943 Flashcards

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1
Q

Why was it introduced

A

Discharge by frustration at common law meant parties relieved of obligations after event but obligations that arose before still had to be met

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2
Q

Krell v Henry 1903

A

Lost deposit payable on booking

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3
Q

Chandler v Webster 1904

A

Lost entire booking fee

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4
Q

What did act improve

A

Expands fibrossa - allows money prepaid to be recovered

And

Party who performed event should receive benefit

S1(2)-(3)

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5
Q

Cutter v Powell 1795

A

Would succeed if decided today

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6
Q

Doesn’t apply to

A

Specific goods or if express provision made

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7
Q

Critised as

A

Poorly drafted

Too much discretion to judges

Not always fair outcome

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