What is frustration of a contract?

Frustration discharges a contract when an unforeseen event occurs after formation that makes performance impossible, illegal, or radically different from what was contemplated.

Does self-induced frustration discharge a contract?

No, self-induced frustration does not discharge a contract.

Define frustration of a contract.

Frustration discharges a contract when an unforeseen event occurs after formation that makes performance impossible, illegal, or radically different from what was contemplated.

At what point does frustration discharge a contract, and how does this occur?

Frustration operates automatically to discharge the contract from the moment the frustrating event occurs.

Why will a contract not be frustrated where the event was foreseeable?

A foreseeable event cannot frustrate a contract because the parties could have anticipated it and made provision for it in their agreement.

AQA A-Level Law 7162

The Nature of Law

Topic overview Distributive and Corrective Justice Theories of Justice: Rawls, Nozick and Marx What Law Does in Society How Law and Morality Are Enforced Moral Diversity in a Pluralist Society The Hart-Devlin Debate Procedural Justice and Utilitarianism The Rule of Law: Core Requirements Law, Rights and the Resolution of Disputes Fault and Strict Liability Where Law and Morality Overlap Wolfenden and R v Brown Aristotle on Justice Justice through Civil and Criminal Law Criminal and civil law compared Custom, statute and common law as sources Equality, Fairness and Clarity before the Law

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Parliamentary Law Making

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Delegated Legislation

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Statutory Interpretation

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Judicial Precedent

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Law Reform

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General Elements of Liability

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Fatal Offences Against the Person

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Negligence

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Nuisance and Rylands v Fletcher

Topic overview Private Nuisance The Rule in Rylands v Fletcher

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Tort: Defences and Remedies

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Contract: Rules and TheoryContract

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Formation of a ContractContract

Topic overview Offer, Invitation to Treat and Acceptance Consideration, Privity and Legal Relations The Requirements of Offer and Acceptance The Postal Rule and Termination of Offers The Rules of Consideration Promissory Estoppel and Privity of Contract Intention to Create Legal Relations

Contract TermsContract

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Vitiating FactorsContract

Topic overview What Amounts to a Misrepresentation The Elements of an Actionable Misrepresentation Types of Misrepresentation and Remedies Economic Duress

Discharge of a ContractContract

Topic overview Discharge by Performance Remedies for Breach of Contract Performance, Actual and Anticipatory Breach Frustration of a Contract

Contract: RemediesContract

Topic overview Damages, Specific Performance and Rescission Termination and the Right to Reject

Human Rights: Rules and TheoryHuman rights

Topic overview Article 2 and Article 5: Life and Liberty Article 11 and the Conditions for Restriction Rights, Liberties and Correlative Duties The Scope of Fundamental Human Rights Article 2 Exceptions and the Article 5 Guarantee Interfering with Article 8 Rights Article 10: Freedom of Expression and Its Limits The Human Rights Act and Categories of Rights

Human Rights in International and UK LawHuman rights

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The European Convention ArticlesHuman rights

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Restrictions and EnforcementHuman rights

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Reform of Human Rights LawHuman rights

Topic overview Replacing the Human Rights Act A British Bill of Rights

Human Rights and English LawHuman rights

Topic overview The Right to Life in English Law Protective Policing and the Osman Test Deprivation of Liberty in English Law Privacy in English Law Expression, Assembly and Association in English Law

Discharge of a Contract

Frustration of a Contract

2 things to know
Paper 3

Overview

Recall questions on what frustration is and when it discharges a contract, why foreseeable, self-induced or provided-for events do not count, and frustration through destruction, illegality, non-occurrence and personal incapacity.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

What conditions must be satisfied for frustration to discharge a contract?

Key term

How may destruction of subject matter lead to frustration?

Questions from this subtopic

Each one with the model answer underneath.

1
What is frustration of a contract?
Model answer
Frustration discharges a contract when an unforeseen event occurs after formation that makes performance impossible, illegal, or radically different from what was contemplated.
2
What conditions must be satisfied for frustration to discharge a contract?
Model answer
The frustrating event must arise from an event that is not the fault of either party and was not provided for in the contract.
3
Does self-induced frustration discharge a contract?
Model answer
No, self-induced frustration does not discharge a contract.
4
Define frustration of a contract.
Model answer
Frustration discharges a contract when an unforeseen event occurs after formation that makes performance impossible, illegal, or radically different from what was contemplated.
5
At what point does frustration discharge a contract, and how does this occur?
Model answer
Frustration operates automatically to discharge the contract from the moment the frustrating event occurs.
6
Why will a contract not be frustrated where the event was foreseeable?
Model answer
A foreseeable event cannot frustrate a contract because the parties could have anticipated it and made provision for it in their agreement.

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