6.2.1 Frustration Lecture – Introduction
Welcome to the sixth lesson of this module guide – frustration! This is the final way in which contractual obligations can cease. A contract may become frustrated where, post-contract creation, a change in circumstances occurs that makes the contract impossible to perform or become radically different. Frustration essentially allows a remedy in changes of circumstances, discharging each party from future obligations under said contract.
The chapter begins by defining the doctrine of frustration and laying out the test. The chapter then moves on to a more detailed exploration of the three test elements, with a focus on the “radical change” element. Key cases are discussed here relating to the circumstances under this element. Following this, the legal effect of frustration is discussed, before providing a practical example.
Below are some goals and objectives for you to refer to after learning this section.
Goals for this section
- To understand the importance of frustration as a remedy in contract law
- To understand what the test is for establishing frustration
- To understand the different principles governing frustration
Objectives for this section
- To understand what is meant by a contract becoming frustrated
- To understand the difference between each of the elements needed to establish frustration
- To understand the developed case law behind the circumstances in which “radical change” may apply
- To be able to understand the legal effects of frustration, both financially and on the contract
- To understand how the Law Reform (Frustrated Contracts) Act applies
- To be able to apply the remedy of frustration to a scenario
Start the Lecture
We have three lengths of lecture to suit varying study needs. Select one of the options below to get started (if you have already chosen a study level you will see the option highlighted in violet):
Each lecture is also accompanied by hands on examples of problem questions for the subject. You can jump directly to the questions below: