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WalesLegal StudiesQuick questions

The Law of Contract

Quick questions on Discharge of contract: performance, breach and frustration - WJEC A-Level Law

4short 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?
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Frustration discharges a contract where, after formation, an unforeseen event beyond the parties' control makes performance impossible, illegal, or radically different from what was agreed. Frustrating events include destruction of the subject matter (Taylor v Caldwell, a music hall burned down), unavailability, supervening illegality, and failure of the sole purpose (Krell v Henry, a room hired only to view the coronation; contrast Herne Bay Steam Boat, where another purpose remained). It does not apply to mere hardship or a bad bargain (Davis Contractors), self-induced frustration (Maritime National Fish v Ocean Trawlers), or foreseen events. The Law Reform (Frustrated Contracts) Act 1943 governs the effects: money paid before the event is recoverable and money payable ceases to be due, subject to an allowance for expenses, and a party who received a valuable benefit may have to pay for it.
What is q1?
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State the entire obligations rule and a case illustrating it. [2 marks]
What is q2?
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Give two events that can frustrate a contract. [2 marks]
What is q3?
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Explain the ways in which a contract may be discharged. [12 marks]

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