The claimants had engaged the defendant to carry out building works. He became ill part way through and the works were not completed. They now said he was in repudiatory breach of the contract. The defendant said that the contract was frustrated, and sought payment of a fair sum under the 1943 Act.
Held: The defendant had been selected by the claimants because they knew him personally, and his services were extraordinarily inexpensive. They knew that he worked entirley alone. This was a personal contract. His serious illness could not be properly described as a default. Though such a contract might allow some sub-contracting. His personal supervision however remained to be provided, and therefore his illness worked to frustrate the contract, and the defendant was entitled to payment of a just sum for the work he had already undertaken.
Kirkham J
[2010] EWHC 2338 (TCC)
Bailii
Law Reform (Frustrated Contracts) Act 1943 1(3)
England and Wales
Citing:
Cited – Condor v Baron Knights 1966
The plaintiff had contracted with the defendants, but became ill and was unable to complete the contract.
Held: His defence of frustration succeeded. . .
Cited – Notcutt v Universal Equipment Company (London) Ltd CA 14-Mar-1986
The Court was asked to consider the application of the doctrine of frustration to a periodic contract of employment, which is determinable by short or relatively short notice where the contract is said to have been frustrated by the illness or . .
Cited – Davis Contractors Ltd v Fareham Urban District Council HL 19-Apr-1956
Effect of Contract Frustration
The defendant appellants contended that their construction contract was frustrated because adequate supplies of labour were not available to it because of the war.
Held: The court considered how the frustration of the performance of a contract . .
Cited – Notcutt v Universal Equipment Company (London) Ltd CA 14-Mar-1986
The Court was asked to consider the application of the doctrine of frustration to a periodic contract of employment, which is determinable by short or relatively short notice where the contract is said to have been frustrated by the illness or . .
Cited – Alan Auld Associates Ltd v Rick Pollard Associates and Another CA 15-May-2008
. .
These lists may be incomplete.
Updated: 05 July 2021; Ref: scu.424984 br>