Question: Discuss the scope of the doctrine and remedies for frustration of contract in English law, in particular under the Law Reform (Frustrated Contracts) Act 1943 and in the use of ‘force majeure’ clauses. Is the law as it stands in a satisfactory state?
Answer: The courts have interpreted the scope of the doctrine of frustration narrowly, in accordance with the principle pacta sunt servanda – agreements must be kept. If the courts readily held that a contract was frustrated, it would cast significant doubt on an array of agreements that make commerical enterprise possible. As Lord Radcliffe advised in Davis Contractors Ltd v Fareham UDC, “[f]rustration is not to be lightly invoked as the dissolvent of a contract.”......(short extract)
Details: - Mark: 65% | Course: Contract Law | Year: 1st | Words: 2608 | References: Yes | Date written: January, 2005 | Date submitted: February 18, 2009 | Coursework ID: 291