Chapter 12 Open-ended questions

Write down your answers to the following questions and then check your responses against the answer guidance.

In brackets is the number of marks each answer is worth. There is a maximum of 27 points available.

1. Is the following statement true or false? (1)
   If the parties have provided for their own allocation of the risk in the contract, then the doctrines of frustration and mistake cannot apply.

2. What is the general effect of frustration on a contract at common law? (2)

3. How do the courts decide whether frustration has occurred? (2)

4. Name the three basic frustratory events. (3)

5. On what basis can Krell v Henry and Herne Bay Steam Boat v Hutton be distinguished? (2)

6. In what circumstances is it not possible to rely on the frustration doctrine despite the fact that it appears that a frustratory event has occurred? (3)

7. Explain the effect of s.1(2) Law Reform (Frustrated Contracts) Act 1943. (3)

8. What is the philosophy underlying Robert Goff J’s approach to the 1943 Act in BP v Hunt (No 2)? (1)
   Explain how this philosophy might relate to s.1(2) and (3). (1)

9. Explain the significance of the decision of Garland J in Gamerco v ICM (1).

10. What is the alternative approach suggested by some academics – and why? (4)

11. Explain how the courts would assess the just sum to award under s.1(3) of the 1943 Act. (4)

 

Total available points: 27