Fustration Flashcards
(9 cards)
1
Q
Elements for frustration
A
1) valid contract
2) unforeseen event after formation
3) event makes performance impossible, illegal or radically different for what was agreed
2
Q
Taylor v caldwell
A
Eg of impossibility to perform due to fistartion
3
Q
A
4
Q
Davis v fareham
A
Event just made contract more difficult but not impossible
5
Q
Denny v James
A
Not able to perform due to illegality
6
Q
Krell v Henry
A
Eg of radically different
7
Q
Situations where frustration doesn’t apply
A
1) self induced frustration
2) performance becomes difficult or expensive
3) event was foreseeable
8
Q
National fish v oceans
A
Eg of self induced fustratuon
9
Q
Amalgamated investment v John
A
Event was unforeseeable
