Discharge by frustration


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert
Practice notes
In-house COVID-19

Discharge by frustration


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert

Practice notes
In-house COVID-19
imgtext

This Practice Note summarises how the Common law doctrine of Frustration may operate to discharge an agreement and the legal consequences of a contract being frustrated, including issues of partial frustration, party at fault (self-induced frustration) and examples of types of frustrating event. See also Practice Notes:

  1. •

    Frustration event analysis—a practical guide

  2. •

    Frustration—key and illustrative decisions

For guidance on drafting a notice asserting frustration of a contract, see Precedent: Contract frustration notice.

Interest in the doctrine of frustration has come to the fore in light of recent world events such as the coronavirus (COVID-19) pandemic in 2020 and Russia’s invasion of Ukraine in 2022. Links to general guidance with regard to contractual relations and these world events is provided in the current world events section below.

Frustration is distinct from the concept of force majeure, on which see Practice Note: Force majeure—consequences and contract discharge and related content.

What is frustration?

Frustration is a common law doctrine which operates to bring an agreement to an end on the happening of some unforeseen supervening event

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Frustration definition
What does Frustration mean?

Where unforeseen circumstances prevent the performance of a contract so that it may be treated as discharged.

Read more

Popular documents

Negligence—key elements to establish a negligence claim

Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For specific guidance on negligence in the context of company/parent company liability, banks and in professional negligence cases, see:•Practice Note: Tortious

Negligence—when does a duty of care arise?

Negligence—when does a duty of care arise?This Practice Note considers the first question to ask when faced with a prospective claim in negligence—whether or not a duty of care exists between the claimant and the defendant such that, if the defendant has breached that duty, liability may arise.For

Novation—why and how to novate a contract

Novation—why and how to novate a contractThere may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the

The doctrine of res judicata

The doctrine of res judicataWhat is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on