CON_LCTR_12

CON_LCTR_12 - 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 Contract Law Lecture 12 Contract Law 2010-11 Semester II 9/26/11 Frustration PART 2 9/26/11 EFFECTS of frustration 9/26/11 Whatever the consequences of the frustration may be upon the conduct of the parties, its legal effect does not depend on their opinions, or even knowledge, as to the event. Hirji Mulji v Cheong Yue Steamship Co Ltd [1926] AC 497 9/26/11 Money paid or payable before COMMON LAW Fibrosa Spolka Akcynja v Fairbairn Lawson Combe Barbour Ltd (1943) Critique 9/26/11 Money paid or payable before LEGISLAT ION Law Amendment and Reform (Consolidation) Ordinance (Cap.23) (LARCO) 9/26/11 Payor Payee Advance payment FRUSTRATI ON just sum Money paid (to payee) may be retained (by payee)- At the discretion of the court- No more than sums paid- No more than value of expenses incurred 9/26/11 Payor Payee Advance payment owed FRUSTRATI ON just sum Money payable (to payee) may be recovered (by payee)- At the discretion of the court- No more than sums payable- No more than value of expenses incurred 9/26/11 Gamerco SA v ICM/Fair Garland J : I see no indication in the Act, the authorities or the relevant literature that the court is obliged to incline towards either total retention or equal division. Its task is to do justice in a situation in which the parties had neither contemplated nor provided for, 9/26/11 Goods or services provided COMMON LAW Appleby v Myers (1867) critique 9/26/11 Goods or services provided LEGISLAT ION LARCO s.16 (3) 9/26/11...
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CON_LCTR_12 - Click to edit Master subtitle style 9/26/11...

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