Chapter 10 Multiple Choice Questions

Frustration

Quiz Content

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. A contract will not be frustrated if one party is ……… in causing the frustrating event.

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. The absolute contracts rule was abolished in ………, in which case the owners of a hall were not obliged to provide a hall after the hall had burnt down.

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. It is impossible to frustrate a lease.

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. In Fibrosa SA v Fairbairn Lawson Combe Barbour (1943), the House of Lords? Please select all that apply.

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. James pays a haulage company £1,000 in advance of its carrying his cider from London to Scotland on 20 March. In January, Scotland declares itself an independent state and makes it illegal to import certain types of goods from England that may compete with traditional Scottish products. Cider is on the list of banned goods. The haulage company has incurred £400 of expenses in adapting its truck to carry the casks of cider and James has wasted expenses of £2,000 if the delivery is not made in time, because the cider will go off. The total amount payable under the contract was £3,000. Which one of the following statements is true?

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. The common law rule in Chandler v Webster excused the parties from performing their ……… obligations.

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. Section 1(2) of the Law Reform (Frustrated Contracts) Act 1934 provides that? Please select all that apply.

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. Dan agrees to replace the tiles on Rebecca's roof for £2,000. Dan replaces three-quarters of the roof and leaves the rest for the next day. There is an overnight storm and Rebecca's house is destroyed.

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. The parties in Fibrosa v Fairbairn (1943) agreed to prolong the contract in the event of war, demonstrating that they foresaw the risk of war, and so the contract should not have been frustrated.

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. Under the common law, a party has to repay an advance payment where there has been a total failure of consideration, but cannot recover expenses incurred in performing a frustrated contract.

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. Match the case to the frustrating event put forward in the case.

Davis Contractors v Fareham UDC (1956)

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Fibrosa v Fairbairn (1943)

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Graves v Cohen (1930)

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Taylor v Caldwell (1863)

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. Why was the contract in Maritime National Fish Ltd v Ocean Trawlers Ltd (1935) not frustrated?

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. An agreement to sell specific goods is avoided under s. 7 of the SoGA 1979 if the goods perish after risk passes to the buyer.

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. ……… is an alternative means of settling a dispute, and, in contrast to litigation in the courts, it is private and the parties have more control over the rules of procedure.

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. The contract in Jackson v Marine Insurance Co Ltd was frustrated because the ship was delayed for six months.

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