Frustration

  • Created by: Neddy1808
  • Created on: 22-05-18 00:41
Paradine v Jane (1647)
the tenant was liable even though dispossessed – i.e. there was no implied term that if there was no benefit, there was no obligation.
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Taylor v Caldwell (1863)
the defendant was not liable and the contract had been frustrated
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Condor v The Barron Knights Ltd (1966)
Non-availability of one of the parties due to death, illness or other circumstances
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Aevry v Bowden (1856)
A contract is frustrated if the obligations of the contract become illegal
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Krell v Henry (1903)
The contract may be frustrated even if the fact that performance is still physically and legally possible
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Frustration
A contract is described as being “frustrated” when an event occurs after the formation of the contract, which is beyond the control of either party, which makes the obligations under that contract impossible or illegal to perform or radically alters
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Herne Bay Steamboat Co. v Hutton (1903)
The contract was not frustrated and the claimant could recover its loss of profit from the defendant. The court felt that the naval review was not the basis or foundation of the contract despite the reference made to this event in the contract.
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Metropolitan Water Board v ****, Kerr and Co. Ltd (1918)
The contrcat was frustrated due to the undue delays caused by the nature of the suspension of the contract
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Maritime National Fish Ltd v Ocean Trawlers Ltd (1935)
No frustration as the alleged frustrating event arose from their deliberate act or choice
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Appleby v Myers (1867)
The claimant was nt entitled to recover anything under the contract . The defendants obligation to pay arose after the frustrating event
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Chandler v Webster (1904)
Only future obligations are discharged
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Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd (1942)
The party who had to return pre-payment might have incurred expenses but would ger nothing
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Gamerco SA v ICM/Fair Warning (Agency) Ltd (1995)
Money paid under a frustrated contract is repaid. Money owed under a frustrated contract is no longer owed. This is at the discretion of the courts
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BP Exploration Co (Libya) v Hunt (No 2) (1982)
The value of the benefit to be valued in terms of the "end product"
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Other cards in this set

Card 2

Front

the defendant was not liable and the contract had been frustrated

Back

Taylor v Caldwell (1863)

Card 3

Front

Non-availability of one of the parties due to death, illness or other circumstances

Back

Preview of the back of card 3

Card 4

Front

A contract is frustrated if the obligations of the contract become illegal

Back

Preview of the back of card 4

Card 5

Front

The contract may be frustrated even if the fact that performance is still physically and legally possible

Back

Preview of the back of card 5
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