Wednesday, August 7, 2019
The Doctrine of Frustration Essay Example | Topics and Well Written Essays - 2500 words
The Doctrine of Frustration - Essay Example However, this has created many problems in practice as the common law position law stipulates that obligations due prior to the frustrating event remain in operation5, which has fuelled conflict as to the nature of obligations that remain operative notwithstanding the applicability of frustration. On this basis, whilst the theoretical guidance appears to be clear in that the doctrine of frustration will be invoked on rare occasions which fall under the above circumstances, however in light of the fact that there is no definitive list of frustrating events and the doctrine has been developed on a case by case basis, it is far from clear as to what constitutes frustration in reality6. Moreover, there has been much controversy as to when the doctrine should apply, the main issue is the fact that the courts determine when an event is sufficiently frustrating to merit judicial interference, which results in termination of the contract7. Indeed academic debate is polarised as to the circumstances in which frustration should be applicable8. Furmston highlights the five central theories advanced to clarify an area of law9 and the focus of this analysis is to critically review the applicability of the doctrine of frustration in practice and in particular consider whether the doctrine has been applied sufficiently widely in practice. Firstly, it is necessary to discuss the background and evolution of frustration as a doctrine in order to understand the complexities of its application today.