Frustration

Question 1

What is frustration?

Answer 1

Discharge of contract due to unforeseen event making performance impossible.

Question 2

What are the 3 areas of frustration?

Answer 2

1. When applies 2. Limits 3. Effects

Question 3

Which case introduced frustration?

Answer 3

Taylor v Caldwell – hall burned down.

Question 4

What does Taylor v Caldwell establish?

Answer 4

Contract ends if impossible through no fault of either party.

Question 5

What are the 3 types of frustrating events?

Answer 5

Impossibility, Illegality, Radical change

Question 6

What is impossibility of performance?

Answer 6

Subject matter destroyed or unavailable.

Question 7

Which case shows destruction of subject matter?

Answer 7

Taylor v Caldwell

Question 8

Which case shows subject matter unavailable?

Answer 8

Jackson v Union Marine

Question 9

Which case shows inconvenience is not enough?

Answer 9

Tsakiroglou v Noblee Thorl

Question 10

Key rule from Tsakiroglou?

Answer 10

More difficult ≠ frustrated

Question 11

What is illegality in frustration?

Answer 11

Change in law makes contract illegal.

Question 12

Which case shows illegality?

Answer 12

Denny Mott v James Fraser

Question 13

What is radical change in circumstances?

Answer 13

Contract becomes pointless / purpose fails

Question 14

Which case shows purpose fails?

Answer 14

Krell v Henry

Question 15

Which case shows 2 purposes rule?

Answer 15

Herne Bay v Hutton

Question 16

Rule from Herne Bay?

Answer 16

If one purpose still possible → no frustration

Question 17

Which case shows inconvenience not enough?

Answer 17

Davis Contractors v Fareham UDC

Question 18

Rule from Davis Contractors?

Answer 18

Inconvenience ≠ radical change

Question 19

What are limits on frustration?

Answer 19

Foreseeability + Self-induced

Question 20

What is foreseeable events limit?

Answer 20

If event foreseeable → no frustration

Question 21

Which case shows foreseeability limit?

Answer 21

Amalgamated Investment v John Walker

Question 22

What is self-induced frustration?

Answer 22

D caused the frustrating event

Question 23

Which case shows self-induced frustration?

Answer 23

Super Servant Two

Question 24

Effect of frustration governed by?

Answer 24

Law Reform (Frustrated Contracts) Act 1943

Question 25

What does s.1(2) provide?

Answer 25

Money paid recoverable minus expenses

Question 26

Which case shows s.1(2)?

Answer 26

Gamerco v ICM

Question 27

What does s.1(3) provide?

Answer 27

Payment for valuable benefit conferred

Question 28

Key idea of s.1(3)?

Answer 28

Court awards value of partial performance