frustration Flashcards
doctrine of frustration
brings contract to an end w/o imposing liability in damages on the party who failed to perform his contractual obligations as a result of a supervening event
paradine v jane [1647]
Where a party creates a duty or charge upon himself by virtue of a contract, he is bound to perform the duty or pay the charge, notwithstanding any accident.
Taylor v Caldwell [1863]
contract was frustrated as the fire made the contract impossible to perform
Davis v Fareham Urban District Council [1956]
delay was greater in degree than expected, however, this didn’t cause the contract to be frustrated.
delay wasnt caused by a new unforeseeable factor/event.
Morgan v Manser [1948]
there was such a change of circumstances for such a long duration that the original contract was invalidated by the frustrating event of the artist being called to service.
Condor v Barron Knights [1966]
The claimant’s action was unsuccessful as his medical condition made it impossible for him to perform his contractual obligations and the contract was thus frustrated.
Hart v Marshall [1978]
hart was absent from 1974 to 1976 and in that time he was replaced by employer. held that his contract was frustrated and he was in fact not dismissed.
Coronation case
Krell v Henry [1903] -Contract was frustrated. The Court regarded the processions and the relative position of the flat were the foundation of the agreement
Fibrosa v Fairburn [1943]
by any cause whatsoever beyond our reasonable control, including …. war …. a reasonable extension of time shall be granted - contract becomes frustrated where there is war.
metropolitan waterboard v dick kerr [1918]
The contract was held to be frustrated because the interruption was of such a nature as to make the contract, if resumed, a different contract
Hirji Mulji v Cheong Yue Steamship [1926]
the legal effect of frustration is the immediate termination of the contract as to all matters and disputes which have not already arisen
