ABSTRACT
Unfortunately, there are dangers associated with this approach, since other rules relating to the discharge of contractual obligations will continue to apply to the contract while ever it remains in force. Thus, if after the waiver of breach, a supervening event occurs which has the effect of frustrating the common intention of both parties, the contract will be subject to the doctrine of frustration. For example, in Avery v Bowden,39 a ship under charter was required to carry a cargo from Odessa. It became clear from an early stage that no cargo would be available, but the ship’s master decided to wait until the date of performance specified in the contract. Before that date arrived, the Crimean War broke out, thereby frustrating the contract with the result that the charterer had lost his chance to activate his remedies in respect of the anticipatory breach of contract.
