LR(FC)A 1943 Flashcards
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
2
Q
Krell v Henry 1903
A
Lost deposit payable on booking
3
Q
Chandler v Webster 1904
A
Lost entire booking fee
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)
5
Q
Cutter v Powell 1795
A
Would succeed if decided today
6
Q
Doesn’t apply to
A
Specific goods or if express provision made
7
Q
Critised as
A
Poorly drafted
Too much discretion to judges
Not always fair outcome
