Introduction to English Law of Obligations (2014/2015)

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Presentation transcript:

Introduction to English Law of Obligations (2014/2015) dr Jan Halberda

The Discharge of Contract 31 March 2015

How the contract discharges? 1. Performance 2. Breach of contract 3. Agreement 4. Frustration

How the contract discharges? 3. Discharge by agreement If the original contract provides so. New agreement – Accord and satisfaction (consideration needed). Deed (without consideration)

How the contract discharges? 4. Discharge by frustration Old law (absolute duty) – Paradine v. Jane (1647) New law (doctrine of frustration) – Taylor v. Caldwell (1863) If some outside event occurs for which neither party is responsible and which makes total nonsense of the original contract.

How the contract discharges? 4. Discharge by frustration Consequences: The contract discharges. The sums already paid – recoverable. The sums not yet paid – cease to be due.

How the contract discharges? 4. Discharge by frustration Examples: Subsequent physical impossibility - Paradine v. Jane (1647), - Taylor v. Caldwell (1863)

How the contract discharges? 4. Discharge by frustration Examples: Subsequent illegality – Fibrosa case (1943)

How the contract discharges? 4. Discharge by frustration Examples: Basis of contract removed – coronation cases, e.g. Chandler v. Webster (1904)

How the contract discharges? 4. Discharge by frustration Examples: Frustration of commercial purpose of the contract – Suez Canal cases, e.g. (1962)