Could anyone provide me with a brief summary about the difference between arguing frustration under the common law and s.7 (Sale of Goods Act 1979). I think im clear that s.7 applies to specific goods and the common law to unascertained goods. But could anyone briefly explain how I can apply the common law rules?
Commercial - SOG - The difference between common law and s.7 frustration? Watch
- Thread Starter
- 04-01-2013 03:43
- 04-01-2013 11:16
Section 7 is much more limited than common law frustration (although it would be easier to rely on than common law frustration if the conditions are met).
I don't see why the common law of frustration and s7 cannot overlap in appropriate circumstances. It isn't a case of s7 applying to one situation and the common law applying to another situation, they both interact and overlap.