Discharge by Frustration

What does it mean for a contract to be frustrated?

It means the contract has been discharged due to unforeseeable circumstances.

Give examples of events that can cause contract frustration.

War, fire, illness.

What is a force majeure clause?

A term that specifies what will happen if an unforeseen circumstance occurs.

In the context of contract frustration, what must party D prove?

Performance was impossible, illegal, or circumstances had radically changed.

What was the outcome of the case Taylor v Caldwell?

The contract was deemed frustrated since the concert hall burned down, making performance impossible.

What happened in the case Robinson v Davison regarding contract frustration?

The contract was frustrated because the pianist fell ill and could not perform.

What was the ruling in Denny Mott v Dickson?

The contract was frustrated due to wartime control making the sale of timber illegal.

How does radical change in circumstances lead to contract frustration?

It means the whole purpose of the contract has gone.

What was the significance of Krell v Henry?

The contract was frustrated because the booking depended on the coronation event which was canceled.

In Herne Bay Steamboat Co v Hutton, why was the contract not deemed frustrated?

Because only part of the purpose was gone (to see the King), and D had to pay.

What is the effect of a self-induced frustrating event on a contract?

It generally will not lead to frustration of the contract.

What was the ruling in the Superservant 2 case?

The contract was deemed frustrated because the offered alternative means of performance was not available.

In Tsakiroglou v Noblee Thorl, why was the contract not frustrated?

The contract was not frustrated since shipping was still possible, despite being less profitable.

What does foreseeable risk mean regarding contract frustration?

If the risk of an event happening was mentioned in the contract, it may not be deemed frustrated.

What was the key detail in Amalgamated Investment & Property Co v John Walker?

Being listed as a building is a foreseeable risk, so the contract was not frustrated when it could no longer be redeveloped.