Frustation

Question 1

What is frustration

Answer 1

Occurs when unforeseen events make contract impossible, illegal or commercial sterilised

Question 2

Paradine v Jane

Answer 2

Tenant had to pay rent even though invading army forced off them off land - emphasise strictness of contracts

Question 3

Taylor v Caldwell

Answer 3

• performance impossible when music hall burnt down after rented out
• both parties excused from obligations of contract

Question 4

Robinson v Davidson

Answer 4

Singer ill before performance- led to frustration - conditional on her being well

Question 5

Morgan v manser

Answer 5

• impossibility
• one party conscripted to war, contract frustrated

Question 6

Krell v Henry

Answer 6

Foundation of contract impossible leading to frustration

Question 7

Denny mott and Dickson v James b Fraser

Answer 7

Legislation passed making contract illegal

Question 8

3 types of frustrating event

Answer 8

• impossibility
• illegal
• commercial sterilisation

Question 9

Herne bay steamboat co v Hutton

Answer 9

• commercial
• contract not frustrated, could still use boat for one of purposes intended

Question 10

Limitations on frustration

Answer 10

Self induced
Economic hardship

Question 11

Maritime v ocean trawlers

Answer 11

Self induced
- no frustration, chose not to perform obligations even though capable of doing so

Question 12

David contractors v Farnham

Answer 12

• economic hardship
• inability to make a profit doesn’t justify frustration, not sufficient alone

Question 13

Remedies

Answer 13

Law reform act 1943
- recovery of money paid in advance
- recovery for payment of work already completed