Self-induced frustration

Question 1

J Lauritzen A/S v Wijsmuller BV (The Super Servant Two) [1990]

defendants had two ships to move oil rigs and one sank

Answer 1

• contract for barge to move oil rig -> supplier had 2 -> one sank but the other was unavailable because of another contract
• need to pragmatically decide whether the event on which the party is seeking to rely was caused by the party themselves -> not a “fine test of legal duty”
• Contract was not frustrated

Question 2

FC Shepherd & Co v Jerrom [1987]

apprentice imprisoned; other party can plead frustration

Question 3

Maritime National Fish Ltd v Ocean Trawlers Ltd [1935]

claimant allocated licences to other fishing vessels