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EnglandLegal StudiesQuick questions
The Law of Contract (Components 2 and 3)
Quick questions on Discharge of contract - Eduqas A-Level Law Component 2
3short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is discharge by frustration?Show answer
Frustration discharges a contract where, after it is formed, an unforeseen event occurs without the fault of either party that makes performance impossible, illegal, or radically different. Examples: the destruction of the subject matter (Taylor v Caldwell, a music hall burnt down); personal incapacity in a personal-services contract; supervening illegality; and the non-occurrence of the contract's central event (Krell v Henry, a room hired to view the cancelled coronation, but contrast Herne Bay Steamboat). Frustration is not available where the event is self-induced (Maritime National Fish), was foreseen, or merely makes performance more onerous or expensive (Davis Contractors; Tsakiroglou). The consequences are governed by the Law Reform (Frustrated Contracts) Act 1943, which improved the harsh common-law position (Chandler v Webster): money paid is recoverable, money payable ceases to be due, the court may allow a party to recover expenses, and a party who obtained a valuable benefit may have to pay a just sum.
What is q1?Show answer
Explain the doctrine of substantial performance. [10 marks]
What is q2?Show answer
A singer contracts to perform on a specific date but falls seriously ill and cannot appear. Advise on whether the contract is discharged. [20 marks]
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