Frustration

Question 1

Frustration =

Answer 1

A party bound by contractual promise, in circumstances where they are prevented from keeping a promise because of an unforeseeable intervening event would be relived of strict obligation

Question 2

Taylor V Cadwell

Answer 2

Commercial purpose ceased to exist, parties excused from performance

Question 3

CTI group v Transclear SA

Answer 3

Event must not be the fault of either party

Question 4

Davis Contractors v Faseham UDC

Answer 4

Performance as envisioned became impossible

Question 5

Types of Frustarting events (3)

Answer 5

1 makes performance impossible
2 makes peformance illegal
3 makes contract commercially sterilised

Question 6

Jackson v union marine insurance co LTD

Answer 6

Subject matter becomes unavailable during performance

Question 7

Robinson V Davidson

Answer 7

Frustrating event may be unavailablity due to illness

Question 8

Ceder v The Baron Knights

Answer 8

Even if only a risk of unavailability

Question 9

Morgan V manser

Answer 9

Any good reason for not being able to perform

Question 10

Pioneer shipping Ltd v BTP tioxide LTD

Answer 10

Unavoidable delay

Question 11

Metropolitan waterboard v Dick Kerr co LTD

Answer 11

Outbreak of war = frustration

Question 12

Denny Mott and Dickson LTD v James B Fraser Co LTD

Answer 12

Law change made performance illegal

Question 13

Reshipton Anderson co and Harrison Bros

Answer 13

Outbreak of war meant a change of law which led to frustration

Question 14

Krell v Henry

Answer 14

Commercial purpose has changed = frustration

Question 15

Harne Bay Steamboat co V Hutton

Answer 15

All commercial purpose must be destroyed

Question 16

Limitation - Martime national Fish LTD v Oceon Trawlers LTD

Answer 16

Self induced frustration (within control)

Question 17

Limitation - Davis Contractors Ltd v Faseham

Answer 17

Just makes contract more onerous to perform

Question 18

Limitation - Amalgumental Investmant + property v John Walker and sons

Answer 18

Foreseeable risk could’ve been contemplated at the time

Question 19

Limitation - Fibrosa Spolka Akeyjna v Fairbairn Lawson Combe Barbour

Answer 19

Provisions made in the contracts for frustrating events

Question 20

Limitation - Paradine v Jane

Answer 20

Absolute undertaking to perform

Question 21

Remedies - Law reform act 1947

Answer 21

1) Recovery of money paid in advance
2) recovery for work already completed
3) Reward for part peformance