End-of-chapter questions: Answer Guidance 23.1

Common mistake: contracts void for failure of a basic contractual assumption

This question requires a careful analysis of Bell v Lever Bros and The Great Peace. In particular, you must identify whether coherence needed to be ‘restored’, given the departure from Solle v Butcher. You should also consider whether the law is now coherent. Even if you think that the law is coherent, you might not think it satisfactory, and might suggest potential reforms. Indeed, in The Great Peace itself Lord Phillips MR suggested that the remedial consequences might be too strict, and you could consider this against the law on frustration.