Frustration

Question 1

What is frustration

Answer 1

An event that makes the performance radically different from what was originally agreed by the parties

Question 2

When must the event have happened

Answer 2

After contract was made

Question 3

Causes of frustration

Answer 3

Illegal
Impossible
Radical change in circumstances

Question 4

Impossible case

Answer 4

Taylor V Caldwell

Question 5

What is impossible

Answer 5

If completing contract is now impossible due to event frustration

Question 6

What if contract is illegal from start

Answer 6

Void
Frustration will not apply

Question 7

Illegal case

Answer 7

Denny mott V James Fraser

Question 8

Radical change in circumstances case

Answer 8

Krell V Henry

Question 9

What is radical change in circumstances

Answer 9

If main purpose of contract is based on event that cannot take place

Question 10

Employment contracts

Answer 10

Frustrating event can be inability of party

Question 11

Employment contract case illness

Answer 11

Robinson V Davidson- illness

Question 12

Where will frustration not apply

Answer 12

Slef induced
Less profitable
Event was foreseeable or event was mentioned in contract

Question 13

Lack of profit

Answer 13

Lack of profit is not radical change in circumstances

Davis V fareham

Question 14

Self induced explain

Answer 14

Frustration will not apply when frustrating event is within control of one party

Question 15

Slef induced case

Answer 15

Maritime national fish V ocean trawlers

Question 16

Foreseeable

Answer 16

Armchair answercall V people in mind

Parties could not reasonably foresee or be a real possibility

Question 17

Foreseeable- aware of risk

Answer 17

Amalgamated investment and property V John walker and sons

Cannot be aware of risk

Question 18

Frustration case

Answer 18

Paradine V Jane

Question 19

Frustration remedies act

Answer 19

Frustrated contract act 1943

Question 20

Sections

Answer 20

1.2
1.3
1.4

Question 21

1.2

Answer 21

Money paid before event is recoverable

When frustrated no obligation to pay for agreed service or goods

Court can award part expenses incurred for sum paid or payable

Question 22

1.3

Answer 22

If part obtained benefit then court can order them to pay sum as compensation

Question 23

1.4

Answer 23

When estimating expenses courts consider

Overhead costs
Work or services already provided

Question 24

What is amount calculated on

Answer 24

Quantum merit basis - fair and reasonable

Question 25

Summary

Answer 25

Money paid is recoverable Money due is not payable Can order compensation for benefit Compensation can be paid for work done and expenses

Question 26

Medical advice - can frustrate

Answer 26

Condor V baron knights - medical advice

Question 27

Force majeure clause

Answer 27

Excludes liability for extraordinary events that are outside control or contemplation of parties NOT IMPLIED