SESSION 05 - DISCHARGE OF CONTRACT.pdf

A discharge of contracts 28 the frustrated contracts

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a. DISCHARGE OF CONTRACTS
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28 THE FRUSTRATED CONTRACTS ACT Under Section 2(2) of the Act: Money already paid is recoverable. Money yet to be paid ceases to be payable. Prior expenses incurred are recoverable, if just. Prior benefits gained before frustration must be justly compensated. a. DISCHARGE OF CONTRACTS
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29 THE FRUSTRATED CONTRACTS ACT The FCA does not apply to the following types of contracts: Charterparties and contracts for the carriage of goods by sea. Insurance contracts. Contracts for sale of perishable goods. Contracts with force majeure clauses. a. DISCHARGE OF CONTRACTS
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