- Created by: Majid
- Created on: 12-05-13 21:31
2. Impossibility: A contract can become frustrated in 1 of 2 ways - 1.Physical destruction of the subject matter and/or 2. Unavailability of the subject matter.
1.Physical destruction of the subject matter: CASE: "Taylor v Cadwell". In this case there was a contract for the hire of a music hall but it got destroyed by a fire. HELD: Frustrated as the purpose of the contract had ceased to exist.
Serious deterioration will also frustrate the contract: CASE: "Asfar v Blundell". In this case there was a contract for the supply of dates but they got mixed with sewage and water. HELD: The dates were now something else and ... Frustrated.
2. Unavailability of the subject matter: CASE: "Bankline v Arthur Capel". In this case there was a contract for the charter of a ship for a year but the government requistioned the ship from April to Septemeber. HELD: This frustrated the contract. But in the CASE: "Tamplin v Anglo Mexican Petrol Co". In this case there was a 5-year charter for a ship, but the governement requisitioned it for the last 19 months of the contract. HELD: Not frustrated as the ship could have been available again.
The same principles apply to people - CASE: "Morgan v Mansel". In this case the claimant was called up for war. HELD: Frustrated as he wouldn't be available for a significant period of time. CASE: "Condor v The Baron Knights". In this case a musician in a pop music group fell ill and wasn't able to perform. HELD: Frustrated... necessary to have a stand-in musician.