Hi! I hope you find my exam flowcharts useful. Very handy for open book exams- designed to work best if you follow the flowchart down every box hits every point on the exam mark scheme.
I used these for my GDL exams where I received a Distinction grade overall with 80%. The GDL covers the LLB ...
Discharge by
frustration
If the event is not sufficient for
frustration, consider breach of
terms:
- part of a contract, Farley v
Skinner
- damages not given for mental
Which party wishes to claim distress, Addis v Gramophone
frustration? - can be a breach if contract
promises holiday enjoyment,
Jarvis v Swan Tours
General rule that liability is
strict- a party is liable for any
failure to perform a contractual
obligation, Paradine v Jane or
will be in breach.
Frustration is an exception to the general rule; the rule in
Paradine is too harsh and needed to be modified and was
in the case of Taylor v Caldwell
- raised a question of implied term theory about intention of
parties to be considered
BUT this was dismissed in Davis v Fareham which set out
the test;
Frustration (Davis v Fareham) = the contract will be
frustrated if
1. a supervening event occurs which is not covered by
any provision in the contract,
2. The event must be beyond the control of the
parties
3. or outside the contemplation of the two parties,
added by Denning in The Eugenia and
4. said event makes performance of the contract
impossible or radically different
1. Supervening vents which may cause frustration;
- Unavailability of a specific thing vital to the contract, Taylor v Caldwell
(the concert hall burned down)
- unavailability of the specific person vital to the contract, looking at;
i. length of the contract
ii. length of the period of absence Frustration can apply to leases of
iii. if the contract can be performed by a substitute land to bring a lease to an end if a
Morgan v Manser (singer could not perform) frustrating event occurred during the
Condor v Barron Knights (due to illness could only perform 4/7 term, quite rare, National Carriers v
days of the stipulated contract) Panalpina (frustration not allowed as
- non-occurrence of a fundamental event, Krell v Henry (rooms had a the 2 year disruption was within a 10
special qualification to see the coronation procession but the coronation year lease)
was cancelled)
Herne Steamboat v Hutton, (even though coronation was cancelled Factors determining likelihood of
could still enjoy the boat for other purposes as the coronation was not frustration;
the sole reason for hiring the boat, not frustrated) - length of the lease
- government intervention, Metro Water Board v Dick Kerr and Co (gov - how long the party will be deprived
ordered due to the war water mains work must stop, temporary delay of the use of the property
within reasonable contemplation but not outright for the duration of war)
- Delay, Metro Water Board
- illegality, Fibrosa (outbreak of war made it illegal to trade with the
enemy)
- NOT mere difficulty or expense, Tsakiroglu v Noblee (shipment could
still take place, just via a longer, more expensive route- no frustration)
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