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Need help with my writing homework on Advise the English National Operetta Company as to its Legal Rights. Write a 2000 word paper answering;
Need help with my writing homework on Advise the English National Operetta Company as to its Legal Rights. Write a 2000 word paper answering; The doctrine of frustration is significant in rescinding contracts in English law. Unforeseen circumstances that transpire, after the formation of the contract, may make it impossible to perform the contractual obligations. These circumstances may drastically transform the obligation to perform, in comparison to the original obligation that had been accepted at the time of forming the contract. This concept is employed to reduce the overriding impact of absolute contracts, wherein the altered situation may prevent the performance of the contract, and where the involved parties are not responsible for the changed condition (Dzhazoyan ).
In accordance with the Law Reform (Frustrated Contracts) Act 1943, any sum of money paid before the occurrence of the frustrating event, can be recovered. Furthermore, money that is due, but has not been paid, is not payable. Nevertheless, if a party had gained some valuable benefit under the contract, then that party is required to reasonably compensate the other party (Law Reform (Frustrated Contracts) Act 1943).
In Davis Contractors Ltd v Fareham UDC, Lord Radcliffe declared that a contract was frustrated if it was not possible to fulfill a contractual obligation, due to the development of circumstances that rendered it impossible to perform the obligation (Davis Contractors Ltd v Fareham UDC). Neither of the parties would be liable if the circumstances had rendered the performance of the contract radically different from what had been agreed upon during the formation .of the contract (Macintyre 239).
In Krell v Henry the court established the doctrine of frustration of purpose. .The defendant, Henry, had entered into a contract with Krell, in order to rent a flat. The purpose for which the defendant had rented the flat was to observe the coronation procession of the King.
