Self-induced Frustration:
Maritime National Fish Ltd v Ocean Trawlers Ltd (1935):
- Fishing company owned 2 trawlers, contracted to hire a third for commercial fishing
- Company needed license for fishing vessels, allowed 2, were already allocated to its own trawlers
- Company claimed frustration of contract as it could no longer use the hired trawler
- Court held frustration didn't apply, the contract was still valid -the event was within company control
The contract has become less profitable:
Davis Contracters Ltd v Fareham UDC (1956):
- Builders contracted to build homes for UDC - £94k.. Realised it would cost £115k to complete work
- Court held claim failed. Contract not radically different to what parties intended.
Event was either 'foreseeable' risk or referred to in the contract:
- Buyer contracted to buy building for redevelopment for £1.7million
- Unknown to parties, building became listed by Government and this reduced the value to £200k
- Court held not a frustrating event as event of listing was foreseeable
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