Question: TMA 03 The Law reform (frustrated contract) Act 1943 has addressed the inadequacy of common law when dealing with the apportionment of loss between parties. Evaluate this statement.
Mark 75%, W202 Contract law and tort law
Answer: To evaluate this statement, we need to look at what is a frustrated contract and what are accepted as frustrations to the contract. Also, look at the common law that was used before The Law Reform Act 1943 was passed and the consequences it had for parties of a frustrated contract. Then looking at the Reform Act itself, how it corrected any inadequacies in the common law and to see if itself has any inadequacies in the way it is applied to cases of frustration. Using all this information to evaluate if the Reform Act does help to apportion the loss between parties of a contract or does it not. Throughout using case law and other sources to analyse and strengthen an argument of ‘for’ or ‘against’. Firstly, lets briefly look at the concept of frustration. The doctrine of frustration......(short extract)
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Details: - Mark: 75% | Course: Contract Law | Year: 2nd/3rd | Words: 2484 | References: Yes | Date written: December, 2016 | Date submitted: March 08, 2017 | Coursework ID: 1007
