Can frustration in contract law take place in this context Watch

Efron
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Report Thread starter 8 months ago
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In Contract law, if an event occurs that is not the fault of the defendant, yet results in them carrying out the contract imperfectly because of that event, can the contract be frustrated, if yes or no, in what case has this been concluded, wheather that circumstance can or not? Thanks you in advance
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Notoriety
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Wish I knew.
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RV3112
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(Original post by Efron)
In Contract law, if an event occurs that is not the fault of the defendant, yet results in them carrying out the contract imperfectly because of that event, can the contract be frustrated, if yes or no, in what case has this been concluded, wheather that circumstance can or not? Thanks you in advance
For issues relating to fault and frustration, see cases such as The Super Servant Two.

Regarding the bolded part of your question, there must have been a radical change in the defendants obligations in order for the contract to be set aside. See cases such as Davis Contractors v. Fareham UDC on this point. Most core textbooks will provide sufficient detail on the categories of events that would be covered such as (for example) illegality, death or incapacity, issues caused by excessive delays, war, or impossibility due to destruction of the subject matter. To determine if the defendant can frustrate the contract you will need to ascertain if their situation is covered by a "frustrating event" as established by the case law in your text book.
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Efron
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(Original post by RV3112)
For issues relating to fault and frustration, see cases such as The Super Servant Two.

Regarding the bolded part of your question, there must have been a radical change in the defendants obligations in order for the contract to be set aside. See cases such as Davis Contractors v. Fareham UDC on this point. Most core textbooks will provide sufficient detail on the categories of events that would be covered such as (for example) illegality, death or incapacity, issues caused by excessive delays, war, or impossibility due to destruction of the subject matter. To determine if the defendant can frustrate the contract you will need to ascertain if their situation is covered by a "frustrating event" as established by the case law in your text book.
Thank you very, this helped allot
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