Contract Law - The Discharge of Contracts - Discharging a contract due to frustration

Unforeseen circumstances may arise which prevent a contract from being carried out. If this happens, the contract is said to be frustrated.

The contract would have failed through the fault of neither party, so neither can be sued for breach.

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  • Created by: Emma
  • Created on: 01-06-09 10:29

1. Which frustrating event did the case of Condor -v- The Baron Knights Ltd illustrate?

  • A contract will be frustrated where one of the contracting parties either dies or is ill
  • A contract will be frustrated where a supervening illegality arises
  • A contract will be frustrated where something essential to the contract is destroyed
  • A contract will be frustrated where the event on which the contract is based fails to occur
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2. Which case illustrates the point that a contract will be frustrated where something essential to the contract is destroyed?

  • Krell -v- Henry
  • Herne Bay Steamboat Co -v- Hutton
  • Taylor -v- Caldwell
  • Condor -v- The Baron Knights Ltd

3. A contract will not be frustrated where the contract cannot be performed due to government interference

  • False
  • True

4. A contract will be frustrated where a supervening illegality arises

  • True
  • False

5. A contract will not be frustrated if the parties have anticipated and provided for events in terms of the contract unless what happens is so drastic that the contract, when performed, would be totally different from what parties originally intended

  • True
  • False
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