Frustration of contracts | Practical Law

Frustration of contracts | Practical Law

This note outlines the rules governing the doctrine of frustration. It describes the origins of the doctrine and the legal test that applies to frustration, including the circumstances in which it will be considered "impossible" to perform a contract. The note includes examples of cases where frustration can be established, and those where frustration is not available. It also explains the consequences of frustration, both under the common law and under legislation that applies in different Australian jurisdictions.

Frustration of contracts

Practical Law ANZ Practice Note w-013-4687 (Approx. 13 pages)

Frustration of contracts

by Practical Law Commercial, reviewed by Elisabeth Peden SC (now a Judge of the Supreme Court of New South Wales)
MaintainedAustralia, Federal
This note outlines the rules governing the doctrine of frustration. It describes the origins of the doctrine and the legal test that applies to frustration, including the circumstances in which it will be considered "impossible" to perform a contract. The note includes examples of cases where frustration can be established, and those where frustration is not available. It also explains the consequences of frustration, both under the common law and under legislation that applies in different Australian jurisdictions.