Frustration of contract

The leading authorities to know, and how the doctrine developed over time. A contract is frustrated where, without default of either party, a supervening event renders performance impossible, illegal, or radically different from what the parties undertook. Frustration discharges the contract automatically and prospectively.

Leading cases

  1. Taylor v Caldwell (1863) (1863) 3 B & S 826, Court of Queen's Bench.

    Origin of the doctrine, destruction of the subject matter (a music hall) frustrated the hire contract.

  2. Krell v Henry (1903) [1903] 2 KB 740, Court of Appeal.

    Frustration of common purpose, the cancelled coronation procession case is the textbook authority for purpose-frustration.

  3. Davis Contractors Ltd v Fareham UDC (1956) [1956] AC 696, House of Lords.

    Set the high bar, mere hardship or increased cost is not frustration; performance must become radically different.

  4. National Carriers Ltd v Panalpina (Northern) Ltd (1981) [1981] AC 675, House of Lords.

    Confirmed that leases can in principle be frustrated, while making clear how rare a successful claim will be.

  • Home
  • About
  • Pricing
  • How it works
  • Question Advisor
  • Foundations
  • Resources
  • Contact
  • Terms of Service
  • Privacy Policy
  • Refunds Policy
  • AI Disclaimer
  • Duty of care (negligence)
  • Negligent misstatement (pure economic loss)
  • Consideration
  • Misrepresentation
  • Mens rea, intention and recklessness
  • Judicial review, grounds of review
  • Promissory estoppel