Termination Of Contract For Frustration In Kings
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FAQ
The doctrine of frustration states that frustration occurs when an unforeseen event renders performance of a contract impossible or radically different from that originally contemplated by the parties. No party is considered at fault. If a contract is found to be frustrated, it is automatically terminated.
Contract frustration arises due to unforeseen circumstances that make performance impossible or significantly different, resulting in automatic termination. On the contrary, a breach of contract occurs when one of the parties fails to fulfill its obligations under a signed agreement.
Termination by frustration Discharge by frustration occurs where it is impossible to perform the obligations under a contract due to a change in circumstances of performance of the contract after it has been signed. The change of circumstances must change the nature of the outstanding contractual obligations.
Effect on the contract The case of Hirji Mulji v Cheong Yue Steamship Co Ltd 1926 AC 497 confirms the effect of frustration is that it brings the contract to an immediate end, whether or not the parties wish this to be the result. In other words, it is void, not voidable (as is the case for repudiatory breaches).
The Coronation cases were a group of appellate opinions in English law cases, all arising out of contracts that had been made for accommodation for viewing the celebrations surrounding the coronation of King Edward VII and Queen Alexandra, originally scheduled for 26 June 1902.
Parties can eliminate the defense, by specifically naming frustrating events in the contract—for example, the contract could say that the parties have contemplated and accept the risk of possible law changes, or that they accept the risk of pandemics, or major weather events—things that could constitute frustration of ...
A contract can be terminated by either of the parties or both by consent or agreement. There are multifarious ways in which a contract comes to an end such as on its completion, impossibility of performance (frustration), breach, termination by prior agreement, rescission, novation of contract or force majeure.
When is a contract frustrated? A contract will be frustrated if a supervening event occurs which makes it impossible to perform the contractual obligations involved. Or, where that performance would be radically different because of the supervening event.
If the frustrating event occurs after the contract has been partially performed, the parties may (in certain circumstances) be entitled to claim a quantum meruit – a reasonable sum for the work completed prior to the frustrating event.
