ABSTRACT
Associated Ltd Newspapers Ltd (1933)); (b) or part payment at an earlier stage (Pinnel’s case); (c) or estoppel, when equity will not allow the party waiving rights to
break the promise.
Types of frustrating event
Impossibility: • by destruction of the subject matter
(Taylor v Caldwell); • by death or illness of a party to
the contract (Condor v The Baron Knights);
• unavoidable delay (The Evia); • outbreak of war (Metropolitan
Water Board v Dick, Kerr & Co
Subsequent illegality: • eg of another country’s laws (Re
Shipton v Anderson).
