Detailed notes (primarily case notes) on the topics of Incorporation of terms and construction, factors vitiating a contract and damages and included are super summaries ideal to take into an open book exam....
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Frustration
Frustration as an excuse for non-performance
The doctrine of frustration provides an excuse for non-performance where performance is disrupted by catastrophic events which have not been provided for by the parties in their contract.
When is a contract frustrated?
“Frustration occurs whenever the law recognises that without default of either party a contractual obligation has become incapable of being performed because the circumstances in which performance is called for would render it a thing radically different from that which was undertaken by the contract. Non haec in foedera veni. It was not this that I promised to do”
- Lord Radcliffe (Davis Contractors Ltd v Fareham UDC [1956] AC 696, 729
Destruction of the subject matter
Taylor v Caldwell (1863) 122 ER 309 Relevant Facts: On 275/61 the parties entered into a contract where the defendants agreed to let the plaintiffs have use of The Surrey Gardens and Music Hall on four days for the purpose of a series of concerts and fetes for 100/day. After the making of the agreement and before the first day of the concert, the Hall was destroyed by fire Ratio (Blackburn J)
Order: Rule Absolute – verdict entered for the defendants |
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Disappearance on the basis of the contract
Krell v Henry [1903] 2 KB 740 Relevant Facts: The plaintiff brought action to recover the amount for hire of rooms by the defendant on Pall Mall on two dates under a contract constituted by correspondence between the parties. Evidence was admitted to show that on these dates the coronation of KEVII would take place and pass along Pall Mall. The coronation was postponed and the defendant declined to pay the balance due under the contract. Ratio (Vaughan Willams LJ):
Order: Appeal dismissed |
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Brisbane City Council v Group Projects Pty Ltd (1979) 145 CLR 143 Relevant Facts: Groups Projects owned 19 acres of land which they wished to develop as a residential subdivision. The BCC agreed to make the application to have it zoned residential in consideration for works to be carried out if approved (constructing roads, footpaths etc). Most of this work was to be carried out off the 19 acres. BCC undertook certain other obligations. The agreement required a furnishing of a $200,000 bound by GP for performance. Some months later, before rezoning was approved, the parties were advised that the Crown was going to resume the land to build a school. The land was vested in the Crown one month before rezoning took effect. GP no longer owned the land and couldn’t proceed with the subdivision. The council contended that GP’s obligations and its obligations on the bond were still in force Ratio (Stephen J):
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Detailed notes (primarily case notes) on the topics of Incorporation of terms and construction, factors vitiating a contract and damages and included are super summaries ideal to take into an open book exam....
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