Exam (elaborations)
MA Law Conversion - Frustration Essay - ULaw
- Course
- Institution
MA Law Conversion - Frustration Essay - ULaw Template for exam style open book essay on the MA LAw conversion - obtained distinction 2021
[Show more]
Seller
Follow
rhiannaryan1
Content preview
Introduction● General rule in Pardine v Jane. Strict liability, contractual obligations are absolute, i.e a
party must perform his contractual obligations. If he does not he will generally be in
breach of contract. This was harsh and needed modification
● Frustration is an exception to this. Dates from the decision in Taylor v Caldwell A music
hall was destroyed by fire and concerts could not take place. Neither party was at fault.
Said to be an implied term in the contract that the parties would be excused if
performance became impossible in the case of a fire. The above was dismissed in Davis
Contractors v Fareham Urban District Council: the meaning of the contract must be
taken to be, not what the parties did intend, but that which the parties as fair and
reasonable men would presumably have agreed upon if having such possibility in view.
● Define frustration: A contract may be frustrated if an unforeseen, supervening event
occurs after the contract has been formed which was not the fault of either party and
which makes the contract impossible or radically different to perform.
Possible things to include in main body:
what events/circumstances amount to frusration
● Unavailability of a specific thing or person vital to the contract - In Taylor v Caldwell
(specific thing) Morgan v Manser (person unavailable altogether) Condor v Barron
Knights (drummer not capable of performing the contract in the way intended
● Non-occurance of a fundamental event - in Krell v Henry the contract was frustrated by
the cancellation of the coronation.
● Ilegality: it is against the law to trade with the enemy during war (Fibrosa)
● Government intervention/delay:
● (Metropolitan Water Board v Dick Kerr) the outbreak of war meant the government
ordered the work to stop which frustrated the contract. There was a clause in the
contract dealing with the possibility of an extension of time in the case of delay but the
court decided it was meant to cover temporary delays and not an interruption of such
character and duration that it fundamentally changed the contract.
● HOWEVER In Tsakiroglou the closure of the suez canal meant that goods had to be
shipped a different way. This did not frustrate the contract because even though the
contract had become more difficult and expensive, it could still be performed.
● David Contractors v Fareham Urban District council: the contract was not frustrated
after the contractors experienced a number of difficulties caused by shortages of labour
and materials. ‘It is not hardship or inconvenience of material loss which brings the
principle of frustration into play...There must also be such a change in the significance of
the obligation that the thing undertaken would, if performed, be a different thing from that
contracted.’ Also in this case the parties could have foreseen the cause of delay.
● Critical evaluation point: If more claims are allowed in regards to delay it would open
the floodgates. Some contractors might underestimate the cost of their work and it would
be unreasonable if they could say the contract was at an end.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller rhiannaryan1. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $6.43. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
71498 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now