14. Frustration

2018 ◽  
Author(s):  
Janet O’Sullivan
Keyword(s):  
Common Law ◽  
Law Reform ◽  
The Core ◽  
Current Test ◽  
Force Majeure ◽  
The Subject ◽  
The Law

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines the doctrine of frustration, which can only be invoked where the parties have not allocated the risk of the relevant event in their bargain, such as by means of a force majeure clause. It explains that issues of frustration arise where circumstances change radically after the contract has been entered into, which show that an assumption held by both parties at the time of contracting no longer applies. It analyses the effects of frustration at common law and discusses the current test for frustration. This chapter also considers the provisions of the Law Reform (Frustrated Contracts) Act 1943.

14. Frustration

2020 ◽  
pp. 340-363
Author(s):  
Janet O’Sullivan
Keyword(s):  
Common Law ◽  
Law Reform ◽  
The Core ◽  
Current Test ◽  
Force Majeure ◽  
The Subject ◽  
The Law

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines the doctrine of frustration, which can only be invoked where the parties have not allocated the risk of the relevant event in their bargain, such as by means of a force majeure clause. It explains that issues of frustration arise where circumstances change radically after the contract has been entered into, which show that an assumption held by both parties at the time of contracting no longer applies. It analyses the effects of frustration at common law and discusses the current test for frustration. This chapter also considers the provisions of the Law Reform (Frustrated Contracts) Act 1943.

1. The historical origins of the trust

2019 ◽  
pp. 1-13
Author(s):  
JE Penner
Keyword(s):  
Common Law ◽  
The Core ◽  
Administrative Power ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
The Relationship ◽  
Historical Origins

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter traces the historical roots of the trust. The law of trusts is the offspring of a certain English legal creature known as ‘equity’. Equity arose out of the administrative power of the medieval Chancellor, who was at the time the King’s most powerful minister. The nature of equity’s jurisdiction and its ability to provide remedies unavailable at common law, the relationship between equity and the common law and the ‘fusion’ of law and equity, and equity’s creation of the use, and then the trust, are discussed.

6. Privity

2020 ◽  
pp. 128-158
Author(s):  
Janet O’Sullivan
Keyword(s):  
Common Law ◽  
Third Parties ◽  
Third Party ◽  
The Core ◽  
The Subject ◽  
The Law ◽  
Contractual Obligations ◽  
Contractual Rights

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines the doctrine of privity in the law of contract. The doctrine of privity dictates that a person who is not a party to the contract cannot be granted contractual rights by the contract or be placed under contractual obligations by it. It explores the rationale of the principle, discusses the authorities that established it, and explores the various common law exceptions to the rule that a third party cannot acquire rights under a contract. This chapter also covers the statutory exception to privity provided in the Contracts (Rights of Third Parties) Act 1999.

6. Privity

2018 ◽  
Author(s):  
Janet O’Sullivan
Keyword(s):  
Common Law ◽  
Third Parties ◽  
Third Party ◽  
The Core ◽  
The Subject ◽  
The Law ◽  
Contractual Obligations ◽  
Contractual Rights

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines the doctrine of privity in the law of contract. The doctrine of privity dictates that a person who is not a party to the contract cannot be granted contractual rights by the contract or be placed under contractual obligations by it. It explores the rationale of the principle, discusses the authorities that established it, and explores the various common law exceptions to the rule that a third party cannot acquire rights under a contract. This chapter also covers the statutory exception to privity provided in the Contracts (Rights of Third Parties) Act 1999.

Part III Particular Contractual Provisions, 22 Change of Circumstances and ‘ Force Majeure ’ Clauses

2017 ◽  
Author(s):  
McMeel Gerard
Keyword(s):  
Common Law ◽  
Law Reform ◽  
Complete Relief ◽  
Opt Out ◽  
Force Majeure ◽  
Future Events ◽  
The Common ◽  
The Law

This chapter looks at regimes for change of circumstances and other future events which have an impact on performance. These are universally known as force majeure provisions. Such clauses opt out of the narrow and uncertain scope of the common law doctrine of frustration. They avoid the common law rule that any element of choice or election as to which contracts to perform is incompatible with frustration. The parties can design their own remedial scheme, including suspension of performance (if appropriate) as well as complete relief from the obligation to perform. Furthermore, they can make appropriate adjustments to the parties' liabilities and circumvent the arcane regime of the Law Reform (Frustrated Contracts) Act 1943.

12. Discharge by frustration: subsequent impossibility

2019 ◽  
pp. 571-600
Author(s):  
Robert Merkin ◽  
Séverine Saintier
Keyword(s):  
Theoretical Basis ◽  
Case Law ◽  
Law Reform ◽  
Risk Allocation ◽  
Force Majeure ◽  
The Subject ◽  
The Law ◽  
Contractual Obligations ◽  
Contractual Risk ◽  
Selection Of

The Casebook series provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. Without the fault of either party, a contract may be automatically discharged due to frustration that renders further performance of the contract impossible, illegal, or radically different from what was originally conceived. In this case, the parties will be excused further performance of their contractual obligations. However, the frustration doctrine applies only where there is no express provision in the contract (a force majeure clause) allocating the risk. This chapter, which examines the frustration doctrine and discharge for subsequent impossibility, first considers the contractual risk allocation before turning to the theoretical basis for the doctrine of frustration. It then discusses limitations on the operation of the frustration doctrine before examining the effects of frustration and the effects on the parties’ positions of the Law Reform (Frustrated Contracts) Act 1943.

9. Misrepresentation and non-disclosure

2020 ◽  
pp. 228-262
Author(s):  
Janet O’Sullivan
Keyword(s):  
Common Law ◽  
The Core ◽  
Statutory Requirement ◽  
The Subject

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines issues related to pre-contractual misrepresentation, which is a vitiating factor. It explains what counts as an actionable misrepresentation and discusses its distinction with the treatment of non-disclosure. It explores the elements for an actionable misrepresentation and the test of cause/reliance. It considers the remedies for misrepresentation, namely rescission which involves setting the contract aside and restoring the parties to the pre-contractual position, and damages, which are available at common law for fraudulent misrepresentation and under the Misrepresentation Act 1967 for other misrepresentations unless the misrepresentor can discharge the burden of reasonable grounds for belief. This chapter also explains that any clause that purports to exclude or restrict liability for misrepresentation is subject to the statutory requirement of reasonableness.

12. Identification evidence

Evidence ◽  
2019 ◽  
pp. 500-528
Author(s):  
Roderick Munday
Keyword(s):  
Common Law ◽  
The Core ◽  
The Subject ◽  
Set Up ◽  
Identification Procedures

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. A committee was set up in the mid-1970s under the chairmanship of Lord Devlin to report on identification evidence and identification procedures. Since publication of the Devlin Report both common law and statute have achieved much in reducing the risk of miscarriages of justice through mistaken identifications. This chapter discusses the following: the inherent unreliability of evidence of identification; the Court of Appeal’s decision in Turnbull; identification procedures and PACE Code D; and assorted methods of identification.

19. The doctrine of frustration

2018 ◽  
Author(s):  
Elizabeth Macdonald ◽  
Ruth Atkins ◽  
Jens Krebs
Keyword(s):  
Common Law ◽  
Law Reform ◽  
Islamic Republic ◽  
Islamic Republic Of Iran ◽  
Commercial Purpose ◽  
The Common ◽  
The Law

This chapter investigates the scope of the doctrine of frustration which was developed to deal with cases where events occur after a contract is made which render the agreement illegal, or impossible to perform, or which fundamentally change the nature of the obligations undertaken by the parties. The doctrine operates within strict limits and its use is restricted in cases where, although the commercial purpose of the contract has been drastically affected by unforeseen events, the performance of the contract is still possible. The position under the Law Reform (Frustrated Contracts) Act 1943 and under the common law, including for example, the recent cases of Islamic Republic of Iran Shipping Lines v Steamship Mutual Underwriting Association (Bermuda) Ltd and Olympic Airlines SA (in Special Liquidation) v ACG Acquisition XX LLC, are examined, collectively demonstrating how the doctrine currently operates.

13. Common mistake and rectification

2018 ◽  
Author(s):  
Janet O’Sullivan
Keyword(s):  
Common Law ◽  
Court Cases ◽  
The Core ◽  
Common Mistake ◽  
The Subject

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines the situation where both parties to a contract share a common mistake. It analyses several court cases indicating that certain sorts of mistake can render contracts void at the level of common law. It discusses the doctrine of mistake approach which asserts that certain sorts of common mistake inevitably render a contract void and the construction approach which argues that the effect of common mistake is ascertained by construing and interpreting the contract. This chapter also considers the scope of the equitable remedy of rectification for common and unilateral mistake.

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