ABSTRACT
Of the questions in this chapter, Question 35 is primarily concerned with what amounts to a frustrating event, whereas Question 36 concentrates more on the consequences of frustration. Question 37 brings the two aspects together. In dealing with the meaning of ‘frustration’, the following issues are likely to be important:
vhas the event deprived the other side of the entire benefit of the contract? Krell v Henry (1903) and Herne Bay Steam Boat Co v Hutton (1903) are useful contrasting decisions on this area; and
v what is the meaning of ‘self-induced’ frustration? The case of The Super Servant Two (1990) is an interesting one to add to the older decision in Maritime National Fish Ltd v Ocean Trawlers Ltd (1935).
