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5 Cards in this Set

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  • Back

Paradine v Jane 1647

-Court held that a person had to pay rent under a lease even if they have been forced off land by an invading army.

-If they wanted to reduce liability situation dealt with term in lease

Taylor v Caldwell

Caldwell owned Music hall

-Taylor agreed to pay £100

A week before the concert, building burned into the grounds

No clause within contract itself- God willing permitting

If you enter bad agreement cannot use frustration to escape

Nickol & Night v Ashton Eldridge

Specific method of performance and unavailability of that will frustrate the contract

-Here specific ship was named to cottonseed and ship went to ground- no other method of performance was specified

Tsakiroglou v Noblee Thorl

Where method of performance is impossible - amount to frustration if method was stipulated

-Here a contract to ship groundnuts- was anticipated due a closed canal through war; and to use a different route.

-Not frustrating as performance would have not fundamental different - more expensive!

Fibrosa v Fairbarn Lawson 1943

A contract to sell machine to Polish company. Germany invaded Poland- contract was frustrated as it was illegal to trade with enemy.