Frustration & Breach — KSLU Contract 1 Notes

Frustration & Breach

Frustration / impossibility (S.56): an agreement to do an impossible act is void; a contract to do an act that later becomes impossible or unlawful by a supervening event beyond the parties’ control becomes void — Satyabrata Ghose v. Mugneeram Bangur (1954) is the leading Indian authority; Taylor v. Caldwell (1863, the burnt music hall) and Krell v. Henry (coronation case) illustrate destruction of subject-matter and failure of purpose. Breach (S.39): actual breach (failure to perform when due) or anticipatory breach (repudiation before the due date — Hochster v. De La Tour, 1853), the latter giving the aggrieved party an immediate right to sue or to keep the contract alive.