How to answer frustration questions in contract law? Watch

A Rose for Epona
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I am struggling with a contract law question on frustration. It can be summarised as follows: Darcy entered into a contract with Elizabeth to have a swimming pool built by 1 May. Due to labour shortages Elizabeth could only drill a large hole in Darcy's backyard by the deadline. In addition the Parliament passed a fictitious statute banning the construction of swimming pools for 3 years. Now Elizabeth wants to claim damages for the expenses incurred when the hole was drilled and new materials were purchased for the construction that could never take place.

I have no idea how to approach questions on frustration. Is there a systematic checklist that I can go through while writing an answer to this?
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MillieXYZ
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(Original post by Ratach)
I am struggling with a contract law question on frustration. It can be summarised as follows: Darcy entered into a contract with Elizabeth to have a swimming pool built by 1 May. Due to labour shortages Elizabeth could only drill a large hole in Darcy's backyard by the deadline. In addition the Parliament passed a fictitious statute banning the construction of swimming pools for 3 years. Now Elizabeth wants to claim damages for the expenses incurred when the hole was drilled and new materials were purchased for the construction that could never take place.

I have no idea how to approach questions on frustration. Is there a systematic checklist that I can go through while writing an answer to this?
Is the question just on frustration? Typically, you would need to establish that a contract has been formed by applying the necessary tests and then seeing if frustration can be used to escape from the contract.

The fact that there were labour shortages which resulted in Elizabeth not being able to complete the job in time may be a case of self- induced frustration which has no remedy.(Ocean Tankers v The Eugenia) Remember that frustration does not apply in the case of a task simply becoming more expensive or onerous (Davis Contractors v Fareham)

In this instance of Parliament passing new legislation, the case may have been frustrated, because supervening acts of illegality will result in the contract being frustrated (Fibrosia v Fairburn)

Generally speaking, for there to be a bout of frustration, you need the subject matter of the contract to become radically different to what was anticipated by both parties.

Have you read Krell v Henry or Herne Bay v Hutton?

If the contract is frustrated then Elizabeth can't claim damages (may be wrong)
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