ABSTRACT
The consequences of frustration depend on whether the position is governed by statute or by the common law. It should also be noted that the common law position in England is different from the position in Australia. Theoretically, in most countries of the region where frustration is still governed by the common law, the English common law prevails. However, as discussed in Chapter 1, it is open to a regional country to depart from the English common law and follow the Australian approach or take a new path, on the basis that the English common law is not suitable for local circumstances.
