兰卡斯特大学法律essay范文

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　　Title: The Doctrine of Frustration and its Application in Contract Law

　　Introduction

　　The doctrine of frustration is a legal principle that allows parties to discharge their contractual obligations in circumstances where performance of the contract has become impossible or radically different from what was originally anticipated. This essay will examine the doctrine of frustration and its application in contract law.

　　Body

　　The doctrine of frustration was first recognized in the landmark case of Taylor v. Caldwell (1863) 3 B&S 826, where the court held that a contract for the hire of a music hall was frustrated by the destruction of the hall by fire. The court held that the contract had become impossible to perform and the parties were discharged from their obligations.

　　The doctrine of frustration has since been developed and refined by subsequent case law. In order for frustration to apply, the event or circumstances must be beyond the control of the parties and not due to their own fault. The event or circumstances must also make performance of the contract impossible or radically different from what was originally anticipated.

　　There are a number of situations where the doctrine of frustration may apply. For example, if a contract involves the sale of specific goods and those goods are destroyed, the contract may be frustrated. Similarly, if a contract involves the provision of services and the provider becomes incapacitated or dies, the contract may be frustrated.

　　However, frustration cannot be relied upon simply because a party finds it difficult or costly to perform their obligations under the contract. The event or circumstances must be beyond the control of the parties and not due to their own fault.

　　In addition, frustration does not automatically discharge the parties from their obligations under the contract. Rather, it operates to extinguish the contract from the time of the frustrating event. Any obligations that have already accrued at the time of the frustrating event will still need to be performed.

　　Conclusion

　　The doctrine of frustration is an important legal principle that allows parties to discharge their contractual obligations in circumstances where performance of the contract has become impossible or radically different from what was originally anticipated. However, it is a narrow doctrine that only applies in limited circumstances. Parties should always ensure that their contracts include appropriate provisions for dealing with unforeseen events or circumstances.

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