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Frustration of contract

Case description - Harry makes a contract with Natasha for the supply of yoghurt by the end of the following month. After the contract is made, Harry discovers that his fleet of yoghurt transporters is badly contaminated with dangerous bacteria and will have to be cleaned. The contamination is due to failure to follow hygieneprocedures. As a result, he cannot meet his deadline for delivery to Natasha.

Created by: sophie hopwood
Created on: 16-04-11 15:14

1. Harry is informed that the government requires his entire fleet of yoghurt transporters in order to transport chemicals which are urgently required for research of the utmost important to national security. The government is relying on special powrs conta

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2. If a contract is frustrated, the parties are no longer bound by their obligatins to one another & the contract is at an end.

True
False

3. If a contract is frustrated, but one party is out of pocket (e.g they have paid money to the other party but received nothing in return), there is nothing that can be done.

False
True

4. It does not make any difference that the event has occurred before the contract was made.

False
True

5. Can harry argue that the contract is frustrated?

Yes, because this is an event which is outside Harrys control
No, because this was an event which was entirely under Harrys control
Yes, because Natasha requires the yoghurt by a particular time and Harry is unable to deliver them,

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