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This Practice Note on frustration provides a practical guide when considering whether an unforeseen event may be considered to have frustrated an agreement. It must be read in conjunction with Practice Note: Discharge by frustration.

Frustration is a common law doctrine in English law. It brings a contract to an immediate end where an unforeseen supervening frustrating event frustrates the contract rendering performance of it impossible, illegal or radically different from that which had been agreed. Where it applies, all future obligations under the agreement fall away. Sums paid prior to the supervening event and discharge are recoverable but any sums yet to be paid are no longer payable, subject to the court’s discretion (under the Law Reform (Frustrated Contracts) Act 1943 (LR(FC)A 1943)) to allow the recovery of prior incurred expenses.

Frustration is particularly difficult to successfully establish. It introduces an element of uncertainty into contractual relations which the courts are not favourable to and is therefore subject to narrow confines (The Super Servant Two).

For a summary in tabular form of