Termination

Question 1

2 cases where a contract can be terminated

Answer 1

• breach of condition
• serious breach of innominate term

Question 2

What is termination?

Answer 2

Discharge from future obligations

Question 3

Conditions of what the superseding event must be for frustration to occur

Answer 3

• make performance impossible/radically different,
• be unexpected, and
• be beyond the control of the party

Question 4

In frustration, what is the consequence for costs incurred before the event?

Answer 4

• money paid can be recovered
• money that should’ve been paid need not be paid
• expenses incurred can be recovered at court’s discretion
• if valuable benefit conferred, just sum may be ordered at court’s discretion