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Paper 3
Discharge of Contract
Frustration
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Created by
Jess T
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Cards (12)
Paradine v Jane
Contractual obligations are strict and absolute
Taylor v Caldwell
Impossibility:
venue
Morgan v
Manser
Impossibility
: service
Condor
v Barron Knights
Impossibility:
preformance
Metropolitan waterboard v Dick
Kerr
Illegality
Krell
v Henry
Radical
change in
circumstances
AIP v John
Walker
Limit toto frustration: cannot be
reasonably forseeable
Maritime v Ocean Trawlers
Limit to frustration: cannot be
self induced
Tskarioglou
v Noblee
Thorl
Limit to frustration: more onerous
/ 'the doctrine of frustration must be applied within
narrow
limits'
Chandler
v Webster
Effects of frustration: loss lay where it fell
previously
Law Reform (Frustrated contracts) Act
1943
S1(2) money ceases to be
payeable
and
moneymoney
payed can be
recoveread
S1(3) where a valuable benefit is obtained a just sum must be payed (
Gamerco
v
ICM
)
Gamerco
v ICM
Where a valuable
benefit
is obtained, a just sum must be
payed