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Advising a Client : Contract Law
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| Submitted: Thu Jul 11 2002
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When advising A there are three fundamental questions that must be asked; Is the event capable of frustrating the contract? Are there any rules of law that would render the doctrine of frustration inoperative? What would be the effects if the contract were found frustrated? In addressing the first question it must be recognised that the hallmark of frustration is an event that occurs after the contract is formed that radically alters the foundation or renders it physically or legally impossible to perform. A simple example of this can be found in Taylor v. Caldwell (1863) 3 B. & S. 826 where a contract for hire of a music hall and gardens was found to be frustrated when the music hall burnt down. The object of the contract was ascertained as the hiring of the gardens and music hall for the purpose of using them to stage four 'grand concerts and fetes'....
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