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