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13 June 2022 ·

Frustration in contract law: a rare remedy

Frustration applies where an unforeseen event makes performance of the contract impossible. If a contract is frustrated it effectively comes to an end and the parties are released from their obligations. That may sound good to a party that is struggling to meet its obligations. However, two recent cases have emphasized that frustration will only apply in very narrow circumstances. This note distills the Court’s approach to frustration from these cases and identifies the key lessons to be learned.

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