ABSTRACT

Introduction The doctrine of frustration is one of the more straightforward areas of the law of contract. Although it involves a mixture of common law rules and statute (in the form of the Law Reform (Frustrated Contracts) Act 1943), which can sometimes cause difficulties (for example, regarding exclusion clauses), in this case the two fit together fairly comfortably. This is probably because the Act is primarily concerned with the effects of frustration, whereas the question of what amounts to a frustrating event is left to the common law. Both common law and statute must be understood, however, before attempting questions on this topic.