LAW P3 CONTRACT CASES (Frustration)

Question 1

What is the case for discharge by frustration (impossibility)

Answer 1

Taylor v Caldwell, a contract may become impossible to perform wher the subject matter is destroyed

Question 2

What is the case for discharge by frustration (illegality)

Answer 2

Spolka v Fairbairn, the contract was no longer possible to perform because of the supervening illegality

Question 3

What is the case for discharge by frustration (radical change)

Answer 3

Krell v Henry, cancellation of the procession deprived it of its commerical purpose

Question 4

What is the case for limits of frustration (foreseeable)

Answer 4

Amalgamated investment v john walker, a building was listed as ‘historic’ after a contract was signed but this was foreseeable

Question 5

What is the case for limits of frustration (self induced)

Answer 5

Maritime national fish v ocean trawlers, D caused the issue themselvges so could not claim frustration

Question 6

What is the case for limits of frustration (more difficult or expensive)

Answer 6

David contractors v Fareham UDC, the contract became harder to perform but frustration was not allowed