Frustration

• Definition

  • Contract cannot be performed
• Taylor v Caldwell

  • music concert was rented out
  • but the hall burnt down before the concert
  • contract was fustrated
• Robinson v Davidson

  • Pianist was contracted to perform at a concert
  • She became ill and couldn't attend
  • Contract was fustrated
• Krell v Henry

  • man hired a room to watch the kings coronation
  • King was ill and coronation was postponed
  • Contract was fustrated as that was the only reason he had booked it
• Contract could become fustrated if it is illegal

  • Danny, Mott and Dickenson v Fraser
  • goods that were contracted to be imported became illegal to import so the contract was fustrated
• Davis Contractors v Fareham UDC

  • Plaintiff agreed to build 78 house in 8 months at a fixed price
  • bad weather and labour shortages led it to take longer and more expensive
  • This is not frustration, just business
• Contract is not frustrated when the event was forseeable or a known risk

  • Malgamated Investement v John Walker and Sons