Discharge of contract - frustration

Question 1

Taylor v Caldwell

Answer 1

performance became impossible to complete therefore the contract becoming frustrated

Question 2

Jackson V Union Marine Co

Answer 2

when performance/further performance is impossible it frustrates the contract

Question 3

Metropolitan Water board V Dick Kerr

Answer 3

The performance became illegal therefore frustrating the contract

Question 4

Krill v Henry

Answer 4

Radical change in circumstances - the reason for the contract was to see the coronation so when it was cancelled the contract became pointless

Question 5

Here Bay team Boat V Hutton

Answer 5

No radical change in circumstance - they could still see all the ships and enjoy the boat trip, the whole performance wasn’t impossible

Question 6

Tsakiroglou Co V Noblee Thorl Gmbh

Answer 6

Where the event merely renders the contract more onerous - the ship could still deliver the goods it would just have to take the long route round

Question 7

Davis Contractors V Farnham Udc

Answer 7

The event was foreseen or foreseeable - the contractors could have foreseen the difficulty of finding materials at this price therefore the contract isn’t impossible to perform its just more expensive

Question 8

Maritime National Fish v Ocean Trawlers

Answer 8

Self-induced frustration - they decided what ships they put the licences on, they could have put them on the hired trawlers but they didn’t so this was self-induced

Question 9

Gamer i SA V ICM/Fair warning agency

Answer 9

they were entitled to recover the advanced payment - The Law Reform Act S.1(2)