Using Case Law Examples, Demonstrate How the Doctrine of Frustration

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The Answer is The doctrine of frustration has evolved significantly over the last 200 years, as demonstrated by various case law examples. One notable case is Taylor v. Caldwell (1863), where the doctrine was first established. In this case, the court held that a contract could be frustrated if an unforeseen event made it impossible to fulfill the contract's purpose. This decision laid the groundwork for the doctrine of frustration.

Another important case that contributed to the evolution of the doctrine is Davis Contractors Ltd v Fareham Urban District Council (1956). In this case, the court clarified that the frustrating event must not be due to the fault of either party and that the event must fundamentally change the nature of the contract. This case further refined the application of the doctrine of frustration.

A more recent example of the evolution of the doctrine is the case of Canary Wharf (BP4) T1 Ltd v European Medicines Agency (2019). In this case, the court emphasized that the event must be truly unforeseeable and that the parties cannot have expressly allocated the risk of the frustrating event in the contract. This decision further clarified the requirements for frustration and highlighted the importance of foreseeability in assessing frustration.

Overall, these case law examples demonstrate how the doctrine of frustration has evolved over the last 200 years, with courts refining and clarifying its application to ensure fairness and justice in contractual disputes.

Using Case Law Examples, Demonstrate How the Doctrine of Frustration

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