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Discharge by Frustration
Terms in this set (3)
What is Discharge by Frustration?
A contract is discharged by frustration is, after its formation, a supervening event that is beyond the control of the parties occurs that renders the performance of the contract impossible
How is frustration handled in Common Law compared to Statutes?
The common law sets out principles to determine whether a contract is frustrated and the effects of frustration.
Statues have been enacted to provide fairer allocation between the parties to bear the consequences of frustration. These only appear in Vic, NSW and SA
When was the Doctrine of Frustration first recognised in common law? What did it erode?
It was first recognised in Taylor v Caldwell to mitigate the doctrine of absolute contract in Paradine v Jane
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