Discharge by Frustration is when a contract is frustrated where, after the contract was concluded, events occur which make performance of the contract impossible, illegal or something radically different from that which was in the contemplation of the parties at the time they entered into the contract. If a contract is frustrated, it is brought to an end automatically: the parties have no choice in the matter. Frustration may be raised as a defence to an action for breach of contract.
By the end of this lecture you should be able to:
understand, in broad terms, the development of the doctrine of frustration;
identify and explain the relationship between the common law rules on frustration and the Law Reform (Frustrated Contracts) Act 1943;
critically evaluate the doctrine of frustration and the Law Reform (Frustrated Contracts) Act 1943;
apply the doctrine of frustration to problem situations.
Nickool and Knight v Ashton Edridge & Co (1901) 2 KB 126
Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd (1942) 2 All ER 122
Krell v Henry (1903) 2 KB 740
Amalgamated Investment and Property Co Ltd v John Walker & Sons Ltd [1976] 3 All ER 509
Walton Harvey Ltd v Walker & Homfrays Ltd [1931] 1 Ch 274
The Super Servant Two [1990] 1 Lloyds Rep 1
Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd (1942) 2 All ER 122
Discharge by Frustration is when a contract is frustrated where, after the contract was concluded, events occur which make performance of the contract impossible, illegal or something radically different from that which was in the contemplation of the parties at the time they entered into the contract. If a contract is frustrated, it is brought to an end automatically: the parties have no choice in the matter. Frustration may be raised as a defence to an action for breach of contract.
By the end of this lecture you should be able to:
understand, in broad terms, the development of the doctrine of frustration;
identify and explain the relationship between the common law rules on frustration and the Law Reform (Frustrated Contracts) Act 1943;
critically evaluate the doctrine of frustration and the Law Reform (Frustrated Contracts) Act 1943;
apply the doctrine of frustration to problem situations.
Nickool and Knight v Ashton Edridge & Co (1901) 2 KB 126
Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd (1942) 2 All ER 122
Krell v Henry (1903) 2 KB 740
Amalgamated Investment and Property Co Ltd v John Walker & Sons Ltd [1976] 3 All ER 509
Walton Harvey Ltd v Walker & Homfrays Ltd [1931] 1 Ch 274
The Super Servant Two [1990] 1 Lloyds Rep 1
Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd (1942) 2 All ER 122
