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A frustrating state of affairs

By: Language: English Series: Construction News ; (7025) 5 July 2007, 22(1) Publication details: 2007Subject(s): Summary: Examines the doctrine of frustration of contract and the problems it can cause with some standard forms of contracts. Frustration of contract occurs when an event beyond the control of either party makes it impossible for either to fulfil their contractual obligations. Notes that the NEC 3 form of contract is of little practical use in the event of frustration (clause 91.5), and illustrates this point with discussion of "Edwinton Commercial Corporation v Tsavliris Russ" ([2007] EWCA Civ 547, unreported).

Examines the doctrine of frustration of contract and the problems it can cause with some standard forms of contracts. Frustration of contract occurs when an event beyond the control of either party makes it impossible for either to fulfil their contractual obligations. Notes that the NEC 3 form of contract is of little practical use in the event of frustration (clause 91.5), and illustrates this point with discussion of "Edwinton Commercial Corporation v Tsavliris Russ" ([2007] EWCA Civ 547, unreported).