• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

What are the rules governing the doctrine of frustration in the law of contract? Evaluate it's usefulness.

  • Essay length: 522 words
  • Submitted: 29/09/2003
Share this essay:
University Degree Contract Law

The first 200 words of this essay...

Paper 1, June 2000, Question 5

a) What are the rules governing the doctrine of frustration in the law of contract? (15m)

b) Evaluate the usefulness of this doctrine. (10m)

a) The term "frustration of a contract" defines the unexpected termination of a contract as a result of an event that either renders the performance impossible or illegal, or prevents its main purpose from being achieved. For a contract to be frustrated, there must first be a contract between the parties. The frustration must be beyond the control of the contracting parties, and the event must bring the contract to an end. The frustrating event must also occur after the formation of the contract.

In Paradine v. Jane, the court adhered to the theory of 'absolute contracts', and it was said that if the parties wanted to avoid liability, then they will have to state this in the contract. Later, in Taylor v. Caldwell, it was said that a contract can be discharged if the contract became impossible to perform, due to some external cause that neither party was responsible for.

The modern test was enunciated by Lord Simon in National

Read more
The above preview is unformatted text

Found what you're looking for?

  • Start learning 29% faster today
  • Over 150,000 essays available
  • Just £6.99 a month

Marked by a teacher

This essay has been marked by one of our great teachers. You can read the full teachers notes when you download the essay.

Peer reviewed

This essay has been reviewed by one of our specialist student essay reviewing squad. Read the full review on the essay page.

Peer reviewed

This essay has been reviewed by one of our specialist student essay reviewing squad. Read the full review under the essay preview on this page.