Self-induced frustration

Question 1

Maritime National Fish Ltd v Ocean Trawlers Ltd [1935]

claimant allocated licences to other fishing vessels

Answer 1

A contract is not frustrated when the impossibility of performance is induced by the party seeking relief

Question 2

J Lauritzen A/S v Wijsmuller BV (The Super Servant Two) [1990]

defendants had two ships to move oil rigs and one sank

Answer 2

• contract for barge to move oil rig -> supplier had 2 -> one sank but the other was unavailable because of another contract
• need to pragmatically decide whether the event on which the party is seeking to rely was caused by the party themselves -> not a “fine test of legal duty”
• Contract was not frustrated

Question 3

FC Shepherd & Co v Jerrom [1987]

apprentice imprisoned; other party can plead frustration

Answer 3

• care needs to be taken when identifying ‘the event’, since even if a party is causally involved in the event, this will not necessarily mean that the impossibility is self-induced
• the apprentice’s crime isn’t the reason he can’t perform - it’s him getting caught