frustration cases

• What was the case Paradine v Jones about?

  Dispossession of leased land due to invasion
• What was the court's ruling in Paradine v Jones?

  Lessee liable for rent despite dispossession
• What does the frustration doctrine state?

  A party must perform obligations unless excused
• What does the strict common law view require regarding contracts?

  Contracts must be performed regardless of events
• What was the case Taylor v Caldwell about?

  Destruction of a music hall before concerts
• What did the court decide in Taylor v Caldwell?

  Contract was frustrated due to destruction
• What is the implied condition created by Taylor v Caldwell?

  Subject matter essential for performance must exist
• What was the case Davis Contractors v Fareham UDC about?

  Building houses delayed due to shortages
• What constitutes frustration in Davis Contractors v Fareham UDC?

  Radical change in contractual obligations
• What does mere hardship indicate in contract law?

  It does not amount to frustration
• What was the case Lauritzen AS v Wijsmuller BV about?

  Transport of an oil rig using a specific vessel
• What was the court's ruling in Lauritzen AS v Wijsmuller BV?

  Frustration claim rejected due to self-induced choice
• What does frustration not apply to?

  Self-induced or choice-related events
• What was the case Jackson v Union Marine Insurance Co. Ltd about?

  Delay in transporting iron rails due to grounding
• What did the court decide in Jackson v Union Marine Insurance Co. Ltd?

  Contract was frustrated due to significant delay
• What does a contract require to be frustrated?

  An unexpected event making performance radically different
• What was the case Krell v Henry about?

  Rental of a room for a cancelled coronation
• What did the court rule in Krell v Henry?

  Contract was frustrated due to cancelled event
• What is the main purpose of a contract?

  It must not be destroyed by unforeseen events
• What was the case Herne Bay Steamboat Co. v Hutton about?

  Hiring a steamboat for a naval review
• What did the court decide in Herne Bay Steamboat Co. v Hutton?

  Contract was not frustrated as purpose remained
• What does a contract require to not be frustrated?

  Main purpose must still be substantially achievable
• What was the case Tsakiroglaou & Co Ltd v Noblee & Thorl GmbH about?

  Shipping groundnuts via the Suez Canal
• What did the court rule in Tsakiroglaou & Co Ltd v Noblee & Thorl GmbH?

  Contract was not frustrated due to alternative route
• What does frustration not apply to in terms of performance?

  Increased difficulty or expense of performance
• What was the case Ocean Tramp Tankers Corp. v V/O Sovfracht about?

  Chartering a ship during war conditions
• What did the court decide in Ocean Tramp Tankers Corp. v V/O Sovfracht?

  Contract was not frustrated due to self-induced choice
• What is required for frustration to be found?

  An unforeseen external event making performance impossible
• What was the case The Sea Angel about?

  Chartering a vessel for waste disposal operations
• What did the court rule in The Sea Angel?

  Frustration claim rejected due to foreseeability
• What must parties consider regarding frustration?

  Allocation of risks and foreseeability of events
• What does frustration require in terms of change?

  A fundamental change in the nature of performance
• What is a contract considered when an unforeseen event makes performance impossible?

  Frustrated
• What type of event causes a contract to be frustrated?

  An unforeseen and external event
• In which case was the contract frustrated due to World War I?

  Metropolitan Water Board v Dick Kerr
• What did the court emphasize in The Sea Angel case regarding frustration?

  Frustration is not lightly to be found
• What must parties consider regarding risks in a contract to avoid frustration claims?

  The foreseeability of the event
• What was the outcome of the frustration claim in Bank of New York Mellon v Cine-UK?

  The court rejected the frustration argument
• What did the court rule regarding the COVID-19 pandemic and commercial leases?

  It did not frustrate commercial lease agreements
• In the Canary Wharf case, what did the EMA argue regarding Brexit?

  It would be unlawful for it to stay