Where express provision has been made in the relevant contract itself for the event allegedly causing the frustration then the contract need not be frustrated. There can be no discharge by supervening impossibility if the express terms of the contract bind the parties to performance notwithstanding that the supervening event may occur
Judges:
Viscount Simon LC
Citations:
[1942] AC 154
Jurisdiction:
England and Wales
Cited by:
Cited – Verner, Sheppard, Ridley v Derby City Council, Norfolk County Council, St Thomas More Roman Catholic High School QBD 14-Nov-2003
The question was whether, when a teacher has applied for and accepted ill-health retirement benefit, usually a lump sum and a pension, on the ground of permanent incapacity, there exists a public law duty on his employer to dismiss the employee.
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 29 April 2022; Ref: scu.187973