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Discharge By Frustration Flashcards

(36 cards)

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1
Q

If a party was prevented from fulfilling their part of the contract because of an unforeseeable, intervening event, they would not be liable for a breach of contract

A

Discharge by frustration

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2
Q

Discharge by frustration

A

If a party was prevented from fulfilling their part of the contract because of an unforeseeable, intervening event, they would not be liable for a breach of contract

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3
Q

What are the grounds for claiming frustration?

A
  • impossibility
  • illegality
  • radical change in circumstances
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4
Q

Impossibility cases

A
  • Taylor v Caldwell
  • Jackson 1874
  • Robinson v Davidson
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5
Q
  • Taylor v Caldwell 1863
  • Jackson 1874
  • Robinson v Davidson 1871
A

Impossibility cases

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6
Q

Taylor v Caldwell 1863

A

the subject matter is destroyed

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7
Q

the subject matter is destroyed

A

Taylor v Caldwell 1863

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8
Q

the subject matter becomes unavailable

A

Jackson 1874

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9
Q

Jackson 1874

A

the subject matter becomes unavailable

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10
Q

Robinson v Davidson 1871

A

A party is unavailable to perform the service because of illness

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11
Q

A party is unavailable to perform the service because of illness

A

Robinson v Davidson 1871

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12
Q

Illegality case

A

Denny, Mott and Dickson 1944

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13
Q

Denny, Mott and Dickson 1944

A

Illegality case

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14
Q

A change in the law that makes the contract illegal to perform

A

Denny, Mott and Dickson 1944

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15
Q

Denny, Mott and Dickson 1944

A

A change in the law that makes the contract illegal to perform

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16
Q
  • Krell v Henry 1903
  • Hutton 1903
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A

Radical change in circumstances cases

17
Q

Radical change in circumstances cases

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A
  • Krell v Henry 1903
  • Hutton 1903
18
Q

The commercial purpose (main purpose) is destroyed

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A

Krell v Henry 1903

19
Q

Krell v Henry 1903

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A

The commercial purpose (main purpose) is destroyed

20
Q

Hutton 1903

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A

If the commercial purpose is not destroyed, the contract is not frustrated

21
Q

If the commercial purpose is not destroyed, the contract is not frustrated

22
Q

The contract will not be frustrated if…

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A
  • one party induces the frustrating event (it would be a breach)
  • if the event was or should have been foreseen
  • If the contract has become less profitable
23
Q

If one party induces the frustrating event, the contract is what?

24
Q

Maritime National Fish 1935

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A

The contract will not be frustrated if one party induces the frustrating event

25
The contract will not be frustrated if one party induces the frustrating event
Maritime National Fish 1935
26
force majeure clause
excludes liability for delay in performance or the non-performance if there are extraordinary events
27
excludes liability for delay in performance or the non-performance if there are extraordinary events
force majeure clause
28
Depending on the circumstances, it is still possible to rely on frustration in the absence of what clause?
force majeure clause
29
Armchair Answercall v People in Mind 2016
The contract is not frustrated if the event was or should have been foreseen
30
The contract is not frustrated if the event was or should have been foreseen
Armchair Answercall v People in Mind 2016
31
The contract will not be frustrated if the contract has become less profitable
Davis Contractors 1956
32
Davis Contractors 1956
The contract will not be frustrated if the contract has become less profitable
33
S.1(2) of The Law Reform (Frustrated Contracts) Act 1943
- Any money already paid before the frustrating event is recoverable - Any money payable before the frustrating event is no longer owed
34
- Any money already paid before the frustrating event is recoverable - Any money payable before the frustrating event is no longer owed
S.1(2) of The Law Reform (Frustrated Contracts) Act 1943
35
If any valuable benefit has been obtained, payment may be ordered by the court
S.1(3) of The Law Reform (Frustrated Contracts) Act 1943
36
S.1(3) of The Law Reform (Frustrated Contracts) Act 1943
If any valuable benefit has been obtained, payment may be ordered by the court

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