Doctrine of frustration-56

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

Resource summary

	Created by Jay Ganesh about 11 years ago