สรุป
The Law Reform (Frustrated Contracts) Act 1943 reformed the consequences of frustration of contracts. At common law (Chandler v Webster), money paid before frustration was irrecoverable. The Act allows recovery of money paid and a just sum for expenses incurred.
ประเด็นสำคัญ
- Money paid before frustrating event is recoverable (s.1(2))
- Court may allow the payee to retain expenses incurred before frustration
- Where a party has obtained a valuable benefit before frustration, the other may recover a just sum (s.1(3))
- Does not apply to certain contracts: insurance, carriage of goods by sea, sale of specific goods that perish