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Frustration: When can a construction contract be frustrated?
Proving that a contract is frustrated is never an easy task. The chances of success are dependent upon the facts of the particular matter, but assistance can be found in the case law, as Jennie Jones and Thomas Booth find out The primary way of recovering monies as a result of frustration is pursuant to …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Armchair Answercall Ltd v People in Mind Ltd [2016] EWCA Civ 1039
- Atwal v Rochester [2010] EWHC 2338 (TCC)
- Davis Contractors v Fareham UDC [1956] AC 696, 729
- Denny Mott & Dickson Ltd v James B Fraser & Co Ltd [1944] A.C. 265
- J Lauritzen AS v Wijsmuller BV (The Super Servant Two) [1990] 1 Lloyd’s Rep 1
- Joseph Constantine SS Line v Imperial Smelting [1942] AC 154
- Pioneer Shipping Limited v BTP Tioxide Limited (The Nema) [1982] AC 724
- The Flying Music Company Limited v Theater Entertainment SA, Vanessa Adam, Michail Adam [2017] EWHC 3192 (QB)