Contract Frustration in UK Law

  • Heyman v Darwins Ltd
    • House of Lords
    • 20 February 1942
    ... ... 2 By a written contract dated 19th February, 1938, the Respondents, who are manufacturers of steel ... decisions, the availability of the arbitration clause when "frustration" is alleged to have occurred will require closer consideration ... ...
  • Davis Contractors Ltd v Fareham Urban District Council
    • House of Lords
    • 19 April 1956
    ... ... On the 9th July, 1946, the parties had entered into a building contract whereby the Appellants agreed to build for the Respondents 78 houses at ... work took twenty-two months, and that this delay amounted to frustration of the contract. It was conceded by the Respondents that, if the contract ... ...
  • National Carriers Ltd v Panalpina (Northern) Ltd
    • House of Lords
    • 11 December 1980
    ... ... of principle relating to the extent and nature of the law of frustration which has long been debated and which, since the matter has reached this ... alone it is fitted, and for which alone, by the terms of the contract between the parties, it may be lawfully used ... 8 In 1974 the ... ...
  • Hong Kong Fir Shipping Company Ltd v Kawasaki Kisen Kaisha Ltd
    • Court of Appeal
    • 20 December 1961
    ... ... learned judge has found were due to the shipowners' breaches of contract, Osaka was not reached until the 25th May, 1957, and because of very ... This is not a case of frustration of contract but it was submitted that the delay due to breach of contract ... ...
  • Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd
    • House of Lords
    • 15 June 1942
    ... ... Leeds the business of manufacturing textile machinery, and by a contract in writing dated the 12th July, 1939, the Respondents agreed to supply the ... be granted." The Appellants argued that there could be no frustration by reason of the war which broke out during the currency of the contract ... ...
  • Johnson v Gore Wood & Company (A Firm)
    • House of Lords
    • 14 December 2000
    ... ... Moores for specific performance of the contract created by the exercise of the option. This was done in March 1988. An ... "A contract-breaker is not in general liable for any distress, frustration, anxiety, displeasure, vexation, tension or aggravation which his breach ... ...
  • Paal Wilson & Company A/S v Partenreederei Hannah Blumenthal
    • House of Lords
    • 02 December 1982
    ... ... somewhat more detailed analysis of the concept of rescission of contract by abandonment and of the legal nature of the obligations assumed by the ... decision in Bremer Vulkan by resorting to the doctrine of frustration of the arbitration agreement as Staughton J. and the majority of the Court ... ...
  • Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (Cape Providence)
    • Court of Appeal (Civil Division)
    • 14 October 2002
    ... ... exposition of the rules of law governing the effect of mistake on contract. In 1950 in Solle v Butcher [1950] 1 KB 671 Denning LJ identified an ... to be applied was the same as that applicable in the case of frustration: "In my opinion, the present law is that where at the ... ...
  • Pioneer Shipping Ltd v B.T.P. Tioxide Ltd (Nema)
    • House of Lords
    • 16 July 1981
    ... ... voyages in the 1979 open water season been dissolved by frustration? ... 4 My Lords, as mentioned by my noble and ... The object sought to be achieved in construing any commercial contract is to ascertain what were the mutual intentions of the parties as to the ... ...
  • Farley v Skinner (No 2)
    • House of Lords
    • 11 October 2001
    ... ... "Here I think one must bear in mind that this was a specific contract dealing, inter alia, with noise so far as the defendant is concerned, and ... ) A contract-breaker is not in general liable for any distress, frustration, anxiety, displeasure, vexation, tension or aggravation which his breach ... ...
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