10. Frustration
10.1 Allocation of risk
frustration concerned with impact of subsequent events on valid contracts
Taylor v Caldwell (1863)
Concert Hall
theories of frustration
doctrine of frustration
National Carries v Panalpina (1981)
‘radical change in obligation’ / ‘construction theory’
10.2 Examples of frustration
by illegality
if what parties have contracted to do becomes illegal
enough for contract to be frustrated
Metropolitan Water Board v Dick, Kerr and Co. Ltd (1916)
assuming risk of subsequent illegality
by impossibility
often change in circumstances has made parties’ obligations more
onerous
destruction of subject matter of contract
unavailability of subject matter of contract
delay and interruption
death and incapacity
of purpose
coronation cases
10. Frustration 1
10.1 Allocation of risk
frustration concerned with impact of subsequent events on valid contracts
Taylor v Caldwell (1863)
Concert Hall
theories of frustration
doctrine of frustration
National Carries v Panalpina (1981)
‘radical change in obligation’ / ‘construction theory’
10.2 Examples of frustration
by illegality
if what parties have contracted to do becomes illegal
enough for contract to be frustrated
Metropolitan Water Board v Dick, Kerr and Co. Ltd (1916)
assuming risk of subsequent illegality
by impossibility
often change in circumstances has made parties’ obligations more
onerous
destruction of subject matter of contract
unavailability of subject matter of contract
delay and interruption
death and incapacity
of purpose
coronation cases
10. Frustration 1
