Frustration (OCR A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Frustration definition
Frustration definition
Unforeseen event making performance impossible/radically different
3 grounds for frustration
3 grounds for frustration
Illegal, impossible, fundamentally different performance
Illegality as frustration ground
Illegality as frustration ground
Change in law makes performance illegal
Taylor v Caldwell (1863)
Taylor v Caldwell (1863)
Music hall destroyed by fire = frustrated contract
Death frustrating a contract
Death frustrating a contract
When personal performance is required
Krell v Henry (1903)
Krell v Henry (1903)
Room hire for coronation - sole purpose destroyed = frustrated
Herne Bay Steamboat v Hutton (1903)
Herne Bay Steamboat v Hutton (1903)
Boat hire - one purpose among several = NOT frustrated
Self-induced frustration
Self-induced frustration
Party causes event = breach, cannot claim frustration
Foreseeable events and frustration
Foreseeable events and frustration
Event foreseeable at contracting = no frustration claim
Money paid before frustration (1943 Act)
Money paid before frustration (1943 Act)
Can be recovered by payer