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Contract Law (II)&(III) (Discharge (By Frustration (Effects (Common…
Contract Law (II)&(III)
Representation (Before agreement is made, do not form part of contract)
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Discharge
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By Frustration
(b) Where a person whose personal services are crucial for the contract either dies or is unable to perform the contract
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Not a frustration:
(a) Contract is merely more difficult/expensive
(b) Event that frustrates the contract was deliberately brought about by one of the parties
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Remedies
Common Law Remedies
Damages (5 rules)
1: The same financial position he would have been in as if the contract had been performed
- Arise naturally from the breach (Victoria Laundry v Newman Industries)
- If 2 is not valid, if the losses could have been reasonably foreseeable from the breach(The Heron II)
- Injured party should take reasonable steps to mitigate losses
- Both parties agree on a fixed sum before the breach (Liquidated damages)
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