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Discharge by frustration - Coggle Diagram
Discharge by frustration
Frustrate means to ‘hinder or prevent’
Frustration means the prevention or hindering of a potentially satisfying activity
Frustration can be defined as:
‘a device to set aside (discharge) contracts where an unforeseen event either renders contractual obligations impossible, or radically changes the party's principal purpose for entering into the contract’
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Impossibility
Events which make performance or further performance impossible will be classed as frustrating events.
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Illegality
If, after a contract is formed, a change in the law makes its performance illegal, the contract will be frustrated
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Time of the frustration event
The frustrating event must take place between formation and performance.