Zusammenfassung der Ressource
Doctrine of frustration-56
- At the time of formation of contract
- Known to parties
- Unknown to parties
- Mistake - both ignorant
- Promisor knows - compensation
- Subsequent to formation - Supervening impossibility
- Excuse
- Destruction of subject matter
- Non-existence or non-cccurence of event
- Kreel vs Henry
- Disappearance of foundation
- Death or incapacity for personal service
- Outbreak of war
- Not an excuse
- Difficult to perform
- Commercial impossibility
- 3rd party failure
- Strikes, civil disturbances
- Davis Contactors Vs Fareham council
- Effects
- void
- advantage must be compensated
- Promisor knowns compensate
- Neither party at fault
- English Law
- Paradine Vs Jane
- Implied term theory