Flashcards
Frustration
Cards in this deck (14)
- 1Taylor v Caldwell (1863)A contract is frustrated where performance becomes impossible due to the destruction of the subject-matter of the contract.
- 2Davis Contractors Ltd v Fareham [1956]Frustration does not apply where the contract has simply become more burdensome to perform (i.e. disappointed expectations, hardship, mere inconvenience).
- 3Tsakiroglou v Noblee [1962]Even where both parties anticipate a particular performance, unless this can be said to be an 'agreed' means of performance, its unavailability will not render performance in accordance with the contract an impossibility.
- 4Krell v Henry [1903]The contract will not be frustrated unless the contract is wholly devoid of commercial purpose for both parties.
- 5Herne Bay Steamboat v Hutton [1903](Contrast with Krell v Henry) A contract is not frustrated if its commercial purpose remains.
- 6The Fibrosa case [1943]Frustration will apply where a contract becomes illegal to perform. There are circumstances where frustration will not apply where the risk of the event has been provided for in the contract.
- 7Denny, Mott & Dickson v James Fraser [1944]A contract is frustrated where legislation passed after the time of contracting renders contractual performance illegal.
- 8Blackburn Bobbin v TW Allen [1918]A contract is not frustrated where the means of performance becomes impracticable, unless that means is stipulated as a condition of the contract.
- 9Graves v Cohen (1930)Death of a party may frustrate a contract.
- 10Condor v The Barron Knights [1966]The principle of impossibility because of the unavailability of a party central to contractual performance may apply, even where there is only a risk that the party will be unavailable.
- 11Maritime National Fish v Ocean Trawlers [1935]Frustration only applies where the supervening event occurs beyond the control of both the parties. In other words, frustration must not be self-induced.
- 12The Super Servant II [1990]The mere existence of a choice between sources of supply may be enough to establish self-induced frustration.
- 13The Eugenia [1964]If the supervening event were highly foreseeable, the contract is unlikely to be frustrated. However, there is some uncertainty as to how unforeseeable an event must be for frustration to apply.
- 14Appleby v Myers (1867)If payment was to be made on completion of the work and frustration occurred before completion, then no payment (or any part of it) may be recoverable at common law.
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- Bachelors Contract law (Frustration) Flashcards on Frustration, created by Ahmed Mirshan on 01/11/2016.
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- Ahmed Mirshan
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- Created by a deleted user · May 6, 2013
- Copied by Ahmed Mirshan · Nov 1, 2016
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