法律英语词汇“frustration”的翻译、意思、用法、释义-法律词典

单词

frustration

释义

frustration

frustration the doctrine in the law of CONTRACT that allows certain events to release both parties from future performance of their con- tractual obligations. The events must relate to the frustration of the common object of the contract. 'Frustration of a contract takes place where there supervenes an event (without default of either party and for which the contract makes no sufficient provision) which so sig- nificantly changes the nature (not merely the expense or the oner- ousness) of the outstanding contractual rights and/or obligations from what the parties could have reasonably contemplated at the time of its execution that it would be unjust to hold them to the lit- eral sense of its stipulations in the new circumstances; in such case, the law declares both parties to be discharged from further perfor- mance.' National Carriers Ltd v. Panalpina (Northern) Ltd [1981] AC 675. Three examples are:

(1) impossibility of performance, whether by the accidental burning

of a building or the illness of a singer: Taylor v. Caldwell (1863) 3 B&S 826;

(2) the so-called 'coronation cases', where persons entered contracts expecting that they would see the coronation of the king, for exam- ple, from a hotel window. Such contracts were held to have been frustrated as the cancellation of the coronation was a cessation of things going to the root of and essential to the contract: Krell v. Henry [1903] 2 KB 740. The courts, however, did not extend this to cases where this fundamental or essential purpose was not so obvious from the contract: Herne Bay Steamboat Co. v. Hutton [1903] 2 KB 683;

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(3) supervening illegality will frustrate the contract: Fibrosa Spolka Akeyjina v. Fairbairn, Lawson, Combe, Barbour Ltd [1943] AC 32.

In England, to regulate the difficulties involved in some situations English law has been developed by the Law Reform (Frustrated Con- tracts) Act 1943. The Act provides among other things:

(a) money due but not paid before frustration ceases to be payable and money paid has to be repaid;

(b) a person to whom a prepayment has been made can be allowed a sum in respect of his expenses by the court. The sum must not exceed the prepayment nor the amount actually expended.

The Act even permits a sum in respect of valuable benefits in kind rendered before the frustrating event to be recovered.

Scots law achieved and achieves similar results at common law through its much more developed law of UNJUST ENRICHMENT: Cantiere San Rocco v. Clyde Shipbuilding & Engineering Co. 1923 SC (HL) 24.

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