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Lord Scarman

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English legal system and contract

landmarks in the common law

Cases in frustration

Ian Yule presents cases involving the contract law doctrine of frustration, including a recent European Union (EU) case

In Canary Wharf v EMA the European Medicines Agency sought to have the lease on its Canary Wharf offices set aside

This column is relevant to law of contract in AQA Paper 3.4, OCR Section B Option 2 and WJEC Unit 3.

Frustration arises when an event occurs during the lifetime of a contract that is not the fault of either party and that makes completion of the contract impossible, illegal or radically different from what was intended. It is important to note that the substance of the agreement itself must be undermined and it is not sufficient that completion is made more difficult or expensive. An example of frustration is Taylor v Caldwell (1863) in which a music hall was hired for a series of concerts on certain dates, but before those dates arrived the hall was destroyed by fire.

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Lord Scarman

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English legal system and contract

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