Frustration Of Contracts Explained

Summary

The doctrine of frustration in UK contract law applies when unforeseen events make contractual obligations impossible or radically different from what was agreed. The event must not be due to the fault of either party. Key cases include Taylor v Caldwell (1863), which established the principle, and Davis Contractors Ltd v Fareham UDC (1956), which defined its application. National Carriers Ltd v Panalpina (Northern) Ltd (1981) also discussed its relevance in lease agreements. Understanding these cases can help determine if a contract is frustrated.

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in the uk
In the UK, the doctrine of frustration applies similarly to Scotland. For a contract to be considered frustrated, the event must be unforeseen, not due to the fault of either party, and render the contractual obligations impossible or radically different. Key cases include:
- Taylor v Caldwell (*)
- Davis Contractors Ltd v Fareham UDC (*)
- National Carriers Ltd v Panalpina (Northern) Ltd (*)
Do you have a specific contract or situation in mind?