Frustrating events- Non-occurrence of an event (Quality of the subject matter has to be distinguished in some way and has to be the foundation of the contract for both parties)
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Card 7
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Frustrating events- Illegality, an event may occur after the contract has been performed that makes it impossible to continue, so will radically alter the obligations under the contract
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Card 8
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Frustrating events- Non-availability of the parties due to death or illness
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Card 9
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A lease can be frustrated, but the longer the lease the less likely it is to be frustrated
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Card 10
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Self-induced frustration- if the supervening event is within the control of one of the parties then the contract won’t be frustrated
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The courts are prepared to imply terms into the contract to use as a mechanism for allocating risk
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Card 12
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A radical change of obligations is required – delay and expenses won’t frustrate the contract
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Card 13
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This has the potential to operate in a harsh manner, particularly where one party has made a pre-payment before the frustrating event, or has incurred expenses by partial performance of the contract
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Card 14
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Development- the common law limited allowances for the recovery of expenses incurred by partial performance under a frustrated contract, but only where here had been a ‘total failure of consideration’ If the claimant received even the smallest amoun
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Card 15
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Section 1(2) means the court has discretion to allow a claimant to offset his expenses against the amount paid or payable before the frustrating event
