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for “Frustration, Breach & Remedies” · Contract Law

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Frustration, Breach & Remedies

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frustration

What is the doctrine of frustration?

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Answer

A contract is frustrated when a supervening event, not the fault of either party, makes performance impossible, illegal, or radically different from what was contemplated. Taylor v Caldwell (1863): the music hall burned down. Davis Contractors v Fareham UDC [1956] (Lord Radcliffe): frustration occurs when the situation is 'radically different' from what was undertaken.

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