Frustration

Question 1

What legal principle did the case Taylor v Caldwell set out?

Answer 1

Legal principle: if one party to a contract couldn’t perform their promise due to an unforeseeable, intervening event then they are not liable for a breach.

Question 2

What legal principle did the case Paradine v Jone set out?

Answer 2

Legal principle: example of old discharge of performance rule.

Question 3

What legal principle did the case Davis contractors Ltd v Fareham Urban district council set out?

Answer 3

Legal principle: set out the definition for frustration.

Question 4

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Question 5

What legal principle did the case Re Shipton Anderson and co set out?

Answer 5

Legal principle: example of times of war being illegal to perform.

Question 6

What legal principle did the case Krell v Henry set out?

Answer 6

Legal principle: If the change in circumstances destroys the main purpose of the contract it becomes frustrated.

Question 7

What legal principle did the case Herve Bay Steamboat v Hutton set out?

Answer 7

Legal principle: if there’s main purpose of the contract is not destroyed it’s not frustrated.