Structure for question on frustration PDF

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HOW TO APPROACH ISSUES INVOLVING FRUSTRATION1. Identify the contracting parties. 2. State the general rule (absolute. Paradine v Jane ) – contractual obligations are3. Identify any party who might try and claim that the contract hain order to avoid liability for breach. s been frustrated4. Define fr...

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HOW TO APPROACH ISSUES INVOLVING FRUSTRATION

1.

Identify the contracting parties.

2.

State the general rule (Paradine v Jane) – contractual obligations are absolute.

3.

Identify any party who might try and claim that the contract has been frustrated in order to avoid liability for breach.

4.

Define frustration.

5.

Go through each part of the definition. Does it apply to the facts? Give authority for what you say.

6.

If contract is frustrated state the effect (ie the contract automatically comes to an end, neither party is in breach and both parties are discharged from future obligations).

7.

Does the Law Reform (FC) Act 1943 apply? If so consider: ●

sections 1(2) and

●

1(3) of the Act.

Explain the provisions and apply to the facts.

8.

If contract may not be frustrated then (if relevant) discuss innocent party’s remedies for breach of contract.

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