ABSTRACT

Frustration is sometimes said to be self-induced where it is due to the ‘act’ or ‘election’ of the party claiming to be discharged. This way of stating the principle can give rise to difficulty where a party has entered into a number of contracts and is deprived by the supervening event of the power of performing them all, but not of the power of performing one or some of them. Where the subject matter is physically divisible, a possible solution in such cases is to apportion it between the various claimants. But this solution is not available where the subject matter cannot be physically divided on discharge.