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Nick Dowse Frustration – Pg 36 SG
Neon)
b. The event must not have been foreseen by the parties (except
from the case of illegality) (Codelfa)
i. It must have been a serious possibility (Codelfa)
c. The event must not be due to the fault of one of the parties
(Maritime National Fish)
i. The onus lies on the party asserting the fault (Joseph
Constantine)
5. Effect of the frustration
a. The effect of frustration is that the contract is automatically
discharged as to the future – it terminates further performance of
the contract, and the loss lies where it falls (Hirji Mulji).
Unconditionally acquired rights and liabilities are not discharged
but conditionally acquired rights are liabilities and all future rights
and liabilities are discharged.
b. Work out what they are entitled to up until the frustration.
6. State that any work carried on after the frustration will need to be
recovered on a quantum meruit basis.
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