"Kowaiski and Smith entered into a charter-party contract whereby Smith was to load wheat in a Russian port. War was declared between Russia and England prior to the performance of this contract, which meant that Smith would be involved in trading with an enemy nation should he try to carry out the terms of the contract. This would be an illegal act. Advise the parties as to their contractual position." what are the Issues? (ie Identity the relevant area of law governing the question) What are the Rules ? (ie the set of propositions, principals, guidelines that inform the response and allow the answer to be unpacked and unfolded in a logical manner Apply the relevant facts seeded in the question to the Rules, so as to arrive at a justified.
Issue: Was the contraction frustrated by the declaration war? Rules: Doctrine of frustration: "An unforeseen event outside... View the full answer