Fustration

Question 1

Taylor v Caldwell

Answer 1

When a contract has been rendered impossible though neither of the parties fault the contract is ended

Question 2

Jackson v union marine

Answer 2

Subject matter becomes unavailable, this will make completion impossible

Question 3

Tsakiroglu

Answer 3

Delay isn’t frustrating

Question 4

Condor v Barron knights

Answer 4

Medical condition can be frustrating

Question 5

Dickson v James Fraser

Answer 5

In the case the timber had been made illegal so the contract has been frustrated

Question 6

Krell v Henry

Answer 6

If it defys the point of the contract then it can be frustrated

Question 7

Herne bay v Hutton

Answer 7

If some of the contract is complete then you cannot argue frustration

Question 8

Davis v fareham

Answer 8

Shortages and extra costs don’t defeat the point of the contract

Question 9

What are the two limits to fustration

Answer 9

Foreseeable fustration- AIP co v John walker
Self induced fustration- the super servant two

Question 10

Law reform act 1943

Answer 10

S1(2)- money paid at the time or before the frustrating event is recoverable
Gamerco- full amount of money recovered
S1(3)- some money will be awarded for parts of the contract