Frustration cases

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  • Created by: Emma13
  • Created on: 30-11-16 15:16
Davis Contractors v Fareham Urban
‘it is not hardship or inconvenience or material loss itself which calls the principle of frustration into play. Contract needs to be radically different.
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Taylor v Caldwell
Frustrating event - Impossible to perform.
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Fibrosa SA v Fairbairn Lawson
Frustrating event - Illegal to perform
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Krell v Henry
Frustrating event - non-occurrence of frustrating event.
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Bank Line Ltd v Arthur Capel & Co
Frustrating event - Government intervention.
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Condor v Barron Knights Ltd
Frustrating event - unavailability of specified person.
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The Super Servant Two
Limitation of frustration - Without default, no excuse if reason is self created,only valid if accidental.
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The Sea Angel
Limitation of frustration - foreseeability, event must be unexpected.
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Noblee Thorll
Force Majuere - even where both parties anticipate a particular performance, unless agreed term of performance, contract will not be impossible if used a different type of performance. FM clause cover the different route/wasnt radically different.
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Houghton v Trafalgar Insurance
construction of e.c- Any ambiguity is sought against the person claiming for it.
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Canada Steamship Lines Ltd v The King
construction of e.c- Clear words must be used when seeking liability for negligence.
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Photo Production Ltd v Securicor Transport Ltd
construction of e.c-No rule in law that liability cannot be excluded even for serious breaches.
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L’Estrange v Graucob
incorporation of e.c- in the absence of fraud or misrepresentation, a person who signs a contractual document is bound by its terms, even if they have no read it.
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Curtis v Chemical Cleaning
incorporation of e.c- any misrepresentation as to the existence or extent of an exemption clauses will disentitle it’s creator to the benefit of the exemption.
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Chapelton v Barry
incorporation of e.c - where a notice of terms is given in a document, the document must be one which is known to, or which might reasonably be expected to,contain terms intended to form part of a contract.
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Thornton v Shoe Lane Parking
incorporation of e.c - ticket, "red hands and red ink" terms that are unusual and onerous need to be brought to the attention with sufficient notice.
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Olley v Marlborough Court
reasonably steps must have been taken to draw the term to the other party’s attention at or before the time the contract is made.
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Hardwick Game Farm v Suffolk Agricultural Poultry Producers Association
if notice was given too late, a court may be able to infer notice of the clause from a previous consistent course of dealing between the parties.
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Stubbs v Holywell Railway
Frustrating event - death.
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Robinson v Davison
Frustrating event - incapacitating illness on the single day for performance of contract = frustration.
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Amalgamated Investment
Not frustrating event - if performance of the contract will cost more than was originally anticipated = not frustration.
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Other cards in this set

Card 2

Front

Taylor v Caldwell

Back

Frustrating event - Impossible to perform.

Card 3

Front

Fibrosa SA v Fairbairn Lawson

Back

Preview of the front of card 3

Card 4

Front

Krell v Henry

Back

Preview of the front of card 4

Card 5

Front

Bank Line Ltd v Arthur Capel & Co

Back

Preview of the front of card 5
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