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Chapter

Cover Essential Cases: Contract Law

Davis Contractors Ltd v Fareham Urban District Council [1956] AC 696  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Davis Contractors Ltd v Fareham Urban District Council [1956] AC 696. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

Davis Contractors Ltd v Fareham Urban District Council [1956] AC 696  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Davis Contractors Ltd v Fareham Urban District Council [1956] AC 696. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Contract Law

21. Frustration and Force Majeure  

The doctrine of frustration operates to discharge a contract where, after the formation of the contract, something occurs which renders performance of the contract impossible, illegal, or something radically different from that which was in the contemplation of the parties at the time of entry into the contract. This chapter examines the scope of the doctrine of frustration and the relationship between the doctrine of frustration and any force majeure or hardship clause that is found in the contract. Consideration is given to the basis of the doctrine of frustration and the remedial consequences of the conclusion that a contract has been frustrated. It also explores the reasons for the narrow scope of the doctrine of frustration and contrasts it with the more liberal regimes to be found in, for example, the Principles of European Contract Law.

Chapter

Cover Cheshire, Fifoot, and Furmston's Law of Contract

20. Discharge Under the Doctrine of Frustration  

M P Furmston

This chapter begins with a discussion of the nature and rationale of the doctrine of frustration. It then explains the operation of the doctrine, covering the effect when parties expressly provide for the frustrating event; how a party cannot rely upon self-induced frustration; and the controversy as to whether the doctrine of frustration applies to a lease. The chapter then turns to the effect of the doctrine, covering the Law Reform (Frustrated Contracts) Act 1943 and contracts excluded from the Act.

Chapter

Cover Concentrate Questions and Answers Employment Law

4. Termination of the contract of employment  

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about termination of the contract of employment. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of termination of the employment contract including the different ways a contract may be terminated, the meaning of dismissal, the right to reasonable notice, and wrongful dismissal. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.

Chapter

Cover Business Law Concentrate

5. Contract IV: discharge of contract and remedies for breach  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for and how to achieve extra marks. This chapter focuses on contract law. It discusses the discharge of contracts and the remedies for breach of contract where one of the parties has failed in their contractual obligations. Contracts can be discharged through performance, agreement, frustration, or breach. In the event of frustration, the parties can establish their own remedies or they can rely on the provisions developed through the Law Reform (Frustrated Contracts) Act 1943. Remedies have been established through the common law and equity. Damages are the primary remedy in most cases, but equitable remedies include specific performance, injunctions, and rectification.

Chapter

Cover Essential Cases: Contract Law

Krell v Henry [1903] 2 KB 740  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Krell v Henry [1903] 2 KB 740. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

Krell v Henry [1903] 2 KB 740  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Krell v Henry [1903] 2 KB 740. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Anson's Law of Contract

14. Discharge by Frustration  

Jack Beatson, Andrew Burrows, and John Cartwright

This chapter traces the history of the doctrine of frustration and examines the scope of its present application. The discussion covers instances of frustration, the theoretical basis of frustration, incidence of risk, self-induced frustration, leases and contracts for the sale of land, and effects of frustration.

Chapter

Cover Contract Law

10. Fundamental changes  

Frustration and common mistake

This chapter examines the doctrines of frustration and common mistake that deal with situations where fundamental changes have occurred. Frustration and common mistake apply to situations where the parties find themselves in uncharted territory. The doctrines ask courts to determine the limits of a contract, the point where the contractual framework runs out and the contract no longer holds. This chapter first considers the impact of ‘unknown unknowns’ on the contract and the distinction between frustration and common mistake before discussing frustrating events and the consequences of frustration. It also describes three types of common mistake that render the contract void: mistakes as to the existence of the subject matter, mistakes as to the possibility of performance, and certain types of mistakes as to the quality of the subject matter. Finally, it looks at the legal consequences of common mistake and remedies for common mistake.

Chapter

Cover Concentrate Questions and Answers Contract Law

10. Frustration  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary, and other features. This chapter discusses the doctrine of frustration. It outlines three key questions that need to be posed in addressing issues of possible frustration. Is there a radical change in circumstances? Does any rule of law render frustration inoperative? What are the effects of frustration? It explores two key debates: the fact that a self-induced event will not frustrate a contract, and the consequences of frustration under the Law Reform (Frustrated Contracts) Act 1943.

Chapter

Cover O'Sullivan & Hilliard's The Law of Contract

14. Frustration  

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines the doctrine of frustration, which can only be invoked where the parties have not allocated the risk of the relevant event in their bargain, such as by means of a force majeure clause. It explains that issues of frustration arise where circumstances change radically after the contract has been entered into, which show that an assumption held by both parties at the time of contracting no longer applies. It analyses the effects of frustration at common law and discusses the current test for frustration, as evidenced in emerging case law from the Covid-19 pandemic. This chapter also considers the provisions of the Law Reform (Frustrated Contracts) Act 1943.

Chapter

Cover Complete Contract Law

16. Frustration of the Contract  

This chapter focuses on the frustration of the contract. It is possible for an unexpected event to take place that would make the performance of a contract completely different to what both parties intended. It might be that the event made performance physically impossible or illegal. Alternatively, perhaps the contract was based on a state of affairs that no longer exists as a result of the event. In such circumstances, it might be that the event has ‘frustrated’ the contract so that the contract is ended automatically. The chapter presents the background and basis of the frustration principle before turning to the ways in which a contract can be frustrated. It then addresses the factors limiting the scope of the principle. Finally, the chapter examines the effects of a frustrated contract, which includes limited ‘restitutionary’ financial adjustments between the parties based on specific legislation. Unlike misrepresentation, duress, and influence, frustration is not about remedying wrongdoing. But nor is it about providing a fair distribution of the loss in response to unexpected risks. Rather, the law seeks to prevent one party unfairly benefiting from an unforeseen windfall at the expense of the other in the aftermath of a frustrating event.

Chapter

Cover Contract Law

7. Frustration  

The doctrine of frustration excuses parties from further contractual performance when unforeseen events, subsequent to contract formation, make performance illegal, impossible, or radically different from the obligations the parties undertook at formation. Any obligations accruing before the frustrating event remain binding, but neither party can be sued for failure to perform outstanding obligations (they are extinguished). This chapter discusses: (1) the relationship between the doctrines of frustration and of mistake; (2) the justification for the frustration doctrine; (3) how to prove frustration of a contract; (4) the effect of frustration; and (5) whether the current law on frustration is satisfactory, and if not, how it might be developed.

Book

Cover O'Sullivan & Hilliard's The Law of Contract
Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The Law of Contract provides a concise overview of the fundamentals of contract law and its underlying rationales. It also introduces and explores the main academic debates within the subject, encouraging readers to reflect on the law and, where it is controversial, to form their own views on whether the rules that contract law adopts are justifiable.

Chapter

Cover Sealy and Hooley's Commercial Law

9. Passing of the property in the goods as between seller and buyer  

D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner

This chapter examines the concept of the passing of the property in goods as between seller and buyer which has significance for many purposes in law. It discusses why the matter is important, before going on to cover the rules for determining when the property passes as it is plainly a matter of the greatest importance to identify the point at which it occurs. The chapter goes on to discuss the statutory provisions relating to perishing of specific goods, how the passing of property is related to acceptance or rejection of goods, the risk involved in the passing of property, and the frustration of sale of goods contracts.

Book

Cover Contract Law Directions

Richard Taylor and Damian Taylor

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers at undergraduate level through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Contract Law Directions is a comprehensive guide, now in its eighth edition, to all aspects of contract law. It is structured in four parts. Part 1 looks at the creation of obligations. It considers agreement, intention to create legal regulations, and consideration and estoppel. Part 2 is about contents and borders and looks at positive terms, exemption clauses, and misrepresentation. Part 3 examines defects in terms of mistake, duress, undue influence, and unconscionable bargains. The final part explains finishing and enforcing obligations. It analyses frustration, damages, specific remedies, and privity and the interests of third parties.

Chapter

Cover Contract Law Directions

10. Frustration  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter examines the frustration of a contract. Fundamental changes in the facts assumed by the parties, ‘frustrating events’ such as natural disasters and less catastrophic events may fundamentally change the parties’ obligations and frustrate the contract. Frustration of a contract brings the parties’ obligations to an end; a less substantial, non-frustrating event will have no effect and the parties must continue to perform their obligations even if they have become more onerous. The discussions cover the allocation of risk, examples of frustration, limits on frustration, effects of frustration and the Law Reform (Frustrated Contracts) Act 1943.

Chapter

Cover Employment Law Concentrate

8. Variation, breach, and termination of employment  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses variations of terms and conditions of employment. Theoretically, neither employer nor employee can unilaterally alter the terms and conditions of employment. A unilateral variation that is not accepted will constitute a breach and, if serious, could amount to a repudiation of the contract. A repudiation does not automatically terminate a contract of employment. In order to justify summary dismissal, the employee must be in breach of an important express or implied term of the contract.

Chapter

Cover Essential Cases: Contract Law

J. Lauritzen v Wijsmuller (The ‘Super Servant Two’) [1990] 1 Lloyd’s Rep 1  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in J. Lauritzen v Wijsmuller (The ‘Super Servant Two’) [1990] 1 Lloyd’s Rep 1. The document also includes supporting commentary from author Nicola Jackson.