Michael Bridge, ‘Frustration and excused non-performance’

When a frustrating event occurs, both parties are discharged by law from the contract. Supervening illegality apart, a frustrating event occurs when a contract becomes impossible to perform because the subject matter of the contract has been destroyed or otherwise rendered unavailable; or because a delay brought about by the event so gravely affects the adventure as to amount to a frustrating delay; or because the contract as a result of the event becomes so fundamentally altered in its commercial character as not to be the contract agreed by the parties. The word ‘frustration’ is derived from the second of these cases, where it exists or rather existed conjunctively with a frustrating breach of contract, but now has acquired general currency so as to apply to all instances listed in this paragraph …

€ (Westlaw)

Michael Bridge QC, ‘Frustration and excused non-performance’ (2021) 137 Law Quarterly Review 580.

First posted 2021-09-18 16:00:58

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