Contract Law

Contract Law - Click to edit Master subtitle style 9/26/11...

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Unformatted text preview: Click to edit Master subtitle style 9/26/11 Contr act Law Contract Law 2010-11 Semester II 9/26/11 F r ustr ation Par t 1 9/26/11 What is frustration? What are its effects? Background/history Doctrine of absolute contracts 9/26/11 GROUNDS for invoking the doctrine of frustration 9/26/11 I M POSSI BI LI T Y Taylor v Caldwell Destruction of a particular thing 9/26/11 ...the parties must from the beginning have known that it could not be fulfilled unless ...some particular specified thing continued to exist... ...and that the contract was... subject to an implied condition that the parties shall be excused in case...performance becomes impossible 9/26/11 Can par tial destruction be sufficient? Must the subject-matter itself be destroyed? 9/26/11 Death or incapacity Personal contracts (rendering service or receiving it) Unavailability What about temporary unavailability? 9/26/11 Jackson v Marine I nsurance Liverpo ol New Port San Francisco Load cargo r an agr ound Char ter par ty 9/26/11 Morgan v Manser (1948) 9/26/11 Delay The Nema (1982) cf: Tamplin (FA) Steamship Co v Anglo-Mexican Petroleum Products Co (1916) M ETH OD of per for mance impossible 9/26/11 The Suez e.g. Tsakiroglou & Co Ltd v Noblee Thorl GmbH (1962) Cape of Good Hope 9/26/11 Impossibility v. USA Uniform Commercial Code (UCC) 2-615 cf: UK approach Tennants (Lancashire) Ltd v C.S. Wilson & Co Ltd (1917) The argument that a man can be excused from performance of his contract when it becomes commercially 9/26/11 M or e than just Davis Contractors Ltd v Fareham UDC (1956) ... it is not har dship or inconvenience or mater ial loss itself which calls the pr inciple of fr ustr ation into play. There must as well be such a change in the Nevertheless,. .. 9/26/11 FRUSTRATI ON OF The Coronation cases... Kr ell v H enr y (1903) cf: H er ne Bay Steam Boat Co v H utton (1903) 9/26/11 Krell v Henr y (1903) Vaughan LJ : A wider scope for Taylor v Caldwell ...where the event which renders the contract incapable of performance is the cessation or non- existence of an express condition or state of things, going to the r oot of the contract, and essential to 9/26/11 Applying fr ustr ation of pur pose to the...
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Contract Law - Click to edit Master subtitle style 9/26/11...

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