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(p. 340) 14. Frustration 

(p. 340) 14. Frustration
Chapter:
(p. 340) 14. Frustration
Author(s):

Janet O’Sullivan

DOI:
10.1093/he/9780198853176.003.0014
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date: 20 June 2021

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. This chapter also considers the provisions of the Law Reform (Frustrated Contracts) Act 1943.

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