Frustration

£5.00

Discharge by Frustration is if, after a contract is made, something happens, through no fault of the parties, to make its performance impossible, the contract is said to be frustrated and all the obligations arising under the contract come to an end. These law notes provide a concise summary of the case law giving the student the working ability to quickly understand the facts that are important. There is also commentary on how the frustration in contract law works and how the case should applied.

Cases

Impossible

Nickool and Knight v Ashton Edridge & Co (1901) 2 KB 126

Illegal

Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd (1942) 2 All ER 122

Pointless

Krell v Henry (1903) 2 KB 740

Contract more onerous

Amalgamated Investment and Property Co Ltd v John Walker & Sons Ltd [1976] 3 All ER 509

Foreseen and foreseeable events

Walton Harvey Ltd v Walker & Homfrays Ltd [1931] 1 Ch 274

Self- Induced Frustration

The Super Servant Two [1990] 1 Lloyds Rep 1

Legal Consequences of Frustration