Frustration

• What is frustration in contract law?

  The fundamental purpose of the contract becomes impossible to perform due to an external event. The result is that the contract is discharged and no one is responsible.
• Why would frustration fail in a contract?

  if there is a force majore clause
• What are the main causes of frustration in contracts?

  Impossibility, Illegality, Commercially Sterilised
• What is impossibility in the context of frustration?

  the subject matter is destroyed or no longer exists
• What was Taylor v Cadell about?

  the music hall which burnt down
• What was Jackson v Union Marine Insurance Co about?

  the ship which ran aground so could not be loaded
• What was robinson v Davidson about?

  the pianist who was too ill to perform
• What was Condor v The Baron Knights about?

  a band to perform but was too ill
• What was Morgan v Mansor about?

  a music compere was conscripted for WW2
• Why would frustration (imposability) fail?

  If the contract is more onerous than impossible
• What is a case example where it was more onerous than impossible?

  Davis Contractors Ltd
• Why did frustration fail in David Contractors Ltd v Fareham UDC?

  building work took longer to complete and cost an additional £17,000
• What does illegality mean?

  The contract is made but then becomes illegal due to an external event
• What happened in the case of Denny, Mott & Dickinson?

  contract was made for timber but then the law changed making it illegal to sell
• What happened in Re Shipton Anderson?

  contract was made for cargo of grain but then war meant the government recquisitioned it
• What is commercially sterilised?

  the commercial purpose of the contract has gone becasue of an intervening act
• What does frustration of the common venture mean?

  the essence of the bargains has been lost
• Why would frustration fail in regards to commercially sterilised?

  all commercial purpose must be gone, if some can be found it fails
• What happened in Krell v Henry?

  the King became ill and the procession was cancelled as a contract for a room overlooking the coronation became commercially worthless
• What happened in Herne Bay Steamboat?

  frustration failed when the King's coronation was cancelled as the hire of the boat to see the procession still had purpose as he could still sail around the ships
• When will frustration fail?

  more onerous to perform, self induced, risk forseen at the time, force majeure clause
• What does more onerous to perform mean?

  An intervening act making the contract more difficult but not impossible will not discharge the parties
• What is a case example of more onerous to perform?

  Davis Contractors
• What does self induced mean?

  The contract is impossible because of an event the party has created. This is a breach of contract not frustration
• What is a case example of self induced?

  Maritime National Fish