This website uses cookies to ensure you have the best experience. Learn more

Frustrated Contract Contract Law Essay

937 words - 4 pages

Critically evaluate the doctrine of frustration as a method of contractual discharge and consider whether it has a role to play in the modern law of contract.

A contract may be discharged in the following ways; frustration, performance and breach. The doctrine of frustration covers situations where a contract is impossible to perform (for example; personal incapacity or supervening illegality). When a contract is frustrated it is automatically discharged at that moment. Although in these events a contract is not always frustrated, the event must not be the fault of either party or foreseeable.
The Paradine v Jane (1647) rule, was before the doctrine of frustration, where there used to be a ...view middle of the document...

It was not the only purpose (or foundation) of the contract, the boat could still be used for pleasure trips. This is distinguished from Krell v Henry [1903], as it was understood that the sole nature and purpose of the contract was to view the procession, and only in this instance can the contract be frustrated.
In personal service contracts, personal incapacity can also frustrate a contract; Condor v Barron Knights [1966] a drummer was not well enough to perform all the nights required within the contract. Furthermore a contract can also be frustrated through government intervention or supervening illegality. In Fibrosa Spolka Ackyjna v Fairbairin Lawson Combe Barbour Ltd [1943] war broke out so the machinery could not be delivered, the contract was frustrated as it was impossible to perform. In National Carriers Ltd v Panalpina (Norther) Ltd [1981] the contract involved the lease of a warehouse which was occupied for 20 months, however the contract was not frustrated as the warehouse was still usable throughout the period of the lease prior and after this period, therefore the deprivation of the site was relatively small compared with the term of the lease.
There are however situations where a contract is not frustrated. In Maritime national Fish Ltd v Ocean Trawlers [1935] the plaintiff could not obtain the amount of licences required to use all of his trawlers. It was not frustrated as the charter had a choice, he decided to use the licences on his personal boats not the hired ones. If the alleged frustrated event is self-induced the doctrine of frustration does not apply; the Eugenia [1964]. Also financial hardship does not frustrate a contract, it cannot be...

Other Papers Like Frustrated Contract - Contract Law

Contract Law Essay

1324 words - 6 pages senior of the first instance civil courts; it is split into three divisions that deal with different branches of civil law: the Queen’s Bench Division, the Chancery Division and the Family Division. The Queen’s Bench Division hears multi-track contract cases that involve large sums of money or complex points of law. It also deals with business matters such as insurance, banking and the meaning of commercial documents. Its Divisional Court

Law-Contract Essay

2477 words - 10 pages letter. I accept your offer and can pay immediately I receive the car. An hour after posting that letter, P received S’s second letter and S received P’s second letter the following morning. a) Is there a contract between S and P? If there is no contract then explains why there is no contract and if there’s a contract then explain why there’s a contract? ( 35marks) b) Explain the law in relation to acceptance if the method of

Contract Law

2762 words - 12 pages owner refused to pay back Billy. In this case it would be a voidable contract because the law allows that party to withdraw from the agreement if there is misrepresentation or fraud occurs in the contract. For example, Billy wanted to a refund from the shop owner because he gave wrong information to Billy as the GEZZ watch was made in Switzerland but actually made in China. Elements that take place in this case are offer, acceptance

Law of Contract

877 words - 4 pages A) Law of contract An agreement enforceable in law, a contract, needs to fulfill 4 elements: offer, acceptance, consideration and intention to be valid. It legally binds parties to act in accordance to the verbal or written terms stated in the contract. If there is a breach of contract, the innocent party can sue for damages or demand for specific performance to be done. a) Applicable law There are three categories of terms of

Law of Contract

3717 words - 15 pages QUESTION 1 IF ONE OR BOTH PARTIES ENTER INTO A CONTRACT UNDER SOME MISUNDERSTANDING OR MISTAKEN ASSUMPTION, IN WHAT CIRCUMSTANCES WILL THE COURT INTERVENE TO HOLD THE CONTRACT VOID AND UNENFORCEABLE ON THE GROUNDS OF MISTAKE? In contract law, a mistake is an erroneous belief made by parties when contracting. Mistakes are not generally enforceable at the law court and are often treated as void or voidable. Mistakes are generally irrelevant, but

The Law Of Contract

1209 words - 5 pages Introduction The law of contract A contract intends to formalize an agreement between two or more parties, in relation to a particular subject. Contracts can cover an extremely broad range of matters, including the sale of goods or real property, the terms of employment or of an independent contractor relationship, the settlement of a dispute, and ownership of intellectual property developed as part of a work for hire. Intention to create

Contract Law Problem Answer

3312 words - 14 pages abolished.BibliographyBooksDuke, A, Paterson, J and Robertson, A, Principles of Contract Law (Thomson Reuters, 3rd ed, 2009)CasesAdams v Lindsell (1818) 1 B & A 681Australian Woollen Mills Pty Ltd v Commonwealth (1954) 92 CLR 424Brinkibon Ltd v Stahag Stahl Und Stahlwarenhandelsgesellschaft mbH [1983] 2 AC 34Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256Dickinson v Dodds (1876) 2 Ch D 463Donoghue v Stevenson [1932] AC 562Felthouse v Bindley (1862

Government Contract Law

2002 words - 9 pages Code of Conduct Assessment April 24, 2016 LEG: 505 Government Contract Law Assignment 1 A company’s reputation is vital when it comes to creating a successful business, and the majority of business a company receives is based on how the company displays their ethics. It is one of the most important aspects of business, and determines the longevity of a business. When building a business

Contract Law in 1700 and Today

963 words - 4 pages Running head: CONTRACT LAW IN 1700 AND TODAY Contract Law in 1700 and Today Jenna Doucet Meritus University Contract Law in 1700 and Today Today, for a contract to be legally binding it must satisfy six conditions; First, the law demands that both parties agree to the contract and give their mutual and non- coerced consent. Second is that the contract “consists of an offer and acceptance of that offer” (Wald, n.d, p. 1

Law Contract Case Study

1007 words - 5 pages Case 1 Issue This problem addresses the issue of agreement, whether there is a valid contract or the offer may be terminated. In order to the contract being valid and enforceable, there is a need for the conduct of an offer and an acceptance. Rule For an offer to be valid, it contains some rules, including lapse of time. When an offer is made, it does not last forever. An offer stated to open for a specific period, lapse if the there is no

Bus 311 Critical Analysis Paper Business Law I - Contract ( Apa, W Citations, References, & Abstract)

2580 words - 11 pages clear and definite. The price needs to be clearly communicated to the offeree. Offers can be made to individuals or to the general public, such as advertising. After the offer has been made, then negotiations between the two party can begin, conducted personally or through an agent. In the process of buying a house its usually through an agent (Contract Law, 2001). Mutual Agreement The parties of a contract must come to a mutual

Related Essays

Contract Law Essay

531 words - 3 pages similar cases in relent cases, law journals and statutes. From a general point of perspective, the contract can be regarded as valid since the agreement was verbally made and confirmed by the writing down of the general terms sealed by signatures of the seller and the buyer as was in the case between Dold and Bester, in which their contract was reduced by writing down the terms of the contract on a piece of scrap paper. The law states that no

Contract Law Essay 3702 Words

3702 words - 15 pages void or unenforceable in a court of law. Domestic Building Contracts In the application of Domestic Building Contract the agreement must be expressed in writing Section 31 of the Domestic Building Contract Act states: 1. A builder must not enter into a major domestic building contract unless the contract a. Is in writing d. Includes the plans and specifications for the work and those plans and specifications contain enough

Contract Law Essay 1662 Words

1662 words - 7 pages CONTRACT LAW A contract is “a promise, or set of promises, for breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty.”2 It is a mutually binding agreement. In order to form a contract there must be mutual assent such as a valid offer and acceptance between parties. The parties must have the legal capacity to enter a contract, and adequate consideration must exist. Furthermore, the

Contract Law Essay 1074 Words

1074 words - 5 pages The existence of contract law is to prevent any sort of illegal behaviour, injustice and to clarify any confusion or misunderstanding amongst the offerror and the offeree. Everybody in this world is an offeree as we all purchase goods and services to meet our personal needs and if our expectations are not met, there is a problem which is why the contract is created for both parties to follow. However, if either of them fails to do so, then they