Frustration in English law
Frustration is an English contract law doctrine that acts as a device to set aside contracts where an unforeseen event either renders contractual obligations impossible, or radically changes the party's principal purpose for entering into the contract. Historically, there had been no way of setting aside an impossible contract after formation; it was not until 1863, and the case of Taylor v Caldwell, that the beginnings of the doctrine of frustration were established. Whilst the doctrine has seen expansion from its inception, it is still narrow in application; Lord Roskill stated that "the doctrine is not lightly to be invoked to relieve contracting parties of the normal consequences of imprudent commercial bargains."
The burning down of the Surrey music hall in Taylor v Caldwell deemed a contract for its hire frustrated
The case of Maritime National Fish Ltd v Ocean Trawlers Ltd demonstrates that a frustrating event cannot be in any way self-induced
Paradine v Jane [1647] EWHC KB J5 is an English contract law case which established absolute liability for contractual debts.
Paradine v Jane