What is Frustration?
Where after the contract is formed, an event occurs that is beyond the control of the parties which has
the effect of making the obligations under the contract impossible to perform or which radically alters
the nature of the obligations.
Doctrine= concerned after the contract has been formed
Frustrating Events before contract and parties unaware, the rules on mistake apply and the contract is
void. The event must be out of parties control so self-induced frustration will not discharge contract. The
Super Servant 2[1990].
1. Destruction of the subject matter: may make performance impossible- Taylor v Caldwell 1863
2. Non- Availability of parties due to death or illness- if one party is unavailable due to death or
illness. Condor v the Barron Knights Ltd 1966
3. Illegality: Metropolitan Water Board v Dick Kerr & Co Ltd 1918; outbreak of war Avery v Bowden
1855
4. Non- Occurrence event: Krell v Henry 1903
Herne Bay Steam Boat Co v Hutton 1903
Where after the contract is formed, an event occurs that is beyond the control of the parties which has
the effect of making the obligations under the contract impossible to perform or which radically alters
the nature of the obligations.
Doctrine= concerned after the contract has been formed
Frustrating Events before contract and parties unaware, the rules on mistake apply and the contract is
void. The event must be out of parties control so self-induced frustration will not discharge contract. The
Super Servant 2[1990].
1. Destruction of the subject matter: may make performance impossible- Taylor v Caldwell 1863
2. Non- Availability of parties due to death or illness- if one party is unavailable due to death or
illness. Condor v the Barron Knights Ltd 1966
3. Illegality: Metropolitan Water Board v Dick Kerr & Co Ltd 1918; outbreak of war Avery v Bowden
1855
4. Non- Occurrence event: Krell v Henry 1903
Herne Bay Steam Boat Co v Hutton 1903
