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5 Cards in this Set
- Front
- Back
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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 |
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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 |
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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 |
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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! |
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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. |
