Question 1

The Super Servant II demonstrates that a contract cannot be frustrated where one party seeks acts to make it unperformable?

Accepted Answer

A) True 
 B)False

Question 2

The judgment in Fibrosa Spolka Ackyjna v Fairbairn Lawson Combe Barbour Ltd is authority for what?

Accepted Answer

A)   A contract that is frustrated as a result of the requisition of the goods as a result of war will be held to be frustrated
B)   A contract which becomes one with an enemy alien will be considered to be frustrated
C)   Contracts made with un-recognised nation states are automatically held frustrated
D)   A contract made in peacetime with the armed forces can be discharged in the event of a declaration of war

Question 3

The modern approach to frustration can be traced back to Davis Contractors v Fareham UDC.

Accepted Answer

A) True 
 B)False

Question 4

Which of the following are terms often used to describe the impact an event must have on a contract before it can be regarded as frustrated?

Accepted Answer

A)   An event which makes performance 'commercially undesirable'
B)   An event which makes performance 'impossible'
C)   An event which makes the nature of the contract 'radically different'
D)   An event which makes performance 'disadvantageous'

Question 5

In a contract for personal services incapacity of the worker will:

Accepted Answer

A)   Frustrate the contract
B)   Delay the contract
C)   Impose on the worker an obligation pay damages
D)   Impose an obligation to hire another worker A

Question 6

In National Carriers Ltd v Panalpina (Northern)  Ltd why was a contract for the ten year lease of a warehouse found to be frustrated?

Accepted Answer

A)   Because the warehouse had been built without the correct planning permission
B)   Because the warehouse no longer complied with regulations for the storage of flammable goods - the purpose for which it had been rented.
C)   Because the warehouse was subject to an arson attack and repairs would take 18 months to complete
D)   Because road works undertaken by the local council made access and so use of it impossible for a period of 18 months

Question 7

In which of the following cases was the contract frustrated?

Accepted Answer

A)   Taylor v Caldwell
B)   Williams v Roffey
C)   The Atlantic Baron
D)   Herne Bay Steam Boat v Hutton

Question 8

A  force majeure clause is:

Accepted Answer

A)   Contractual provision on how to allocate risks in case of impossibility of performance
B)   A list of events that will frustrate a contract
C)   French for frustration
D)   An automatic termination clause

Question 9

Has the law dealt fairly with cases of 'self-induced' frustration?

Accepted Answer

The fairness of the law in dealing with ...

Question 10

To what extent can the frustrating event complained of in National Carriers Ltd v Panalpina (Northern) Ltd truly be said to rob the contract of any purpose?

Accepted Answer

In the case of National Carriers Ltd v P...

Question 11

The effect of frustration is to render a contract void ab initio.

Accepted Answer

A) True 
 B)False

Question 12

If a contract is frustrated, will a party get back money already paid?

Accepted Answer

A)   Yes
B)   Yes, minus reductions for reasonable expenses
C)   Only for total failure of consideration
D)   No

Question 13

The categories of events that can be regarded as 'frustrating' are closed.

Accepted Answer

A) True 
 B)False

Question 14

A contract will be frustrated where the thing that is to be done becomes illegal after the contract is made?

Accepted Answer

A) True 
 B)False

Question 15

In Paradine v Jane the court found the contract to be:

Accepted Answer

A)   Frustrated
B)   Subsisting
C)   Breached
D)   Rescinded

Question 16

For what reason does Lord Loreburn (in Davis Contractors v Fareham UDC) reject the implied term as a basis for discharging frustrated contracts?

Accepted Answer

A)   Because the law prohibits the implication of terms of this nature
B)   Because it is illogical to imply a term in relation to events that are patently outside the contemplation of the parties
C)   Because such a term would be contrary to public policy and would be destructive to parties' contract
D)   Because there are statutory provisions which provide for all frustrated contracts and such an approach is contrary to that statute B

Question 17

S 1(3)  of the Law Reform (Frustrated Contracts)  Act 1943 covers what area of frustration?

Accepted Answer

A)   Compensation for expenses incurred
B)   Self-induced frustration
C)   The return of deposits paid prior to frustration
D)   Compensation for a valuable benefit B

Question 18

To what extent can it be said that rather than implying terms and the like, in cases of frustration the real rule is simply to do what is fair to the parties in light of the circumstances?

Accepted Answer

In cases of frustration, it can be said ...

Question 19

How does the Law Reform (Frustrated Contracts) Act 1943 modify the common law position as regards 'remedies' for frustration?

Accepted Answer

The Law Reform (Frustrated Contracts) Ac...

Question 20

Adam runs a removal company that owns two trucks. He contracts with Eve for the removal of her furniture from her flat. On the day of the move, one of Adam's trucks has broken down and the other is engaged in another job. Would the contract:

Accepted Answer

A)   Be frustrated?
B)   Continue as normal?
C)   Be modified so that the move can take place another day?
D)   Become void?

Exam 13: Frustration

The Super Servant II demonstrates that a contract cannot be frustrated where one party seeks acts to make it unperformable?

Correct AnswerverifiedShow Answer

The judgment in Fibrosa Spolka Ackyjna v Fairbairn Lawson Combe Barbour Ltd is authority for what?

Correct AnswerverifiedShow Answer

The modern approach to frustration can be traced back to Davis Contractors v Fareham UDC.

Correct AnswerverifiedShow Answer

Which of the following are terms often used to describe the impact an event must have on a contract before it can be regarded as frustrated?

Correct AnswerverifiedShow Answer

In a contract for personal services incapacity of the worker will:

Correct AnswerverifiedA

In National Carriers Ltd v Panalpina (Northern) Ltd why was a contract for the ten year lease of a warehouse found to be frustrated?

Correct AnswerverifiedShow Answer

In which of the following cases was the contract frustrated?

Correct AnswerverifiedShow Answer

A force majeure clause is:

Correct AnswerverifiedShow Answer

Has the law dealt fairly with cases of 'self-induced' frustration?

Correct AnswerAnswered by ExamLex AIThe fairness of the law in dealing with ...View AnswerShow Answer

To what extent can the frustrating event complained of in National Carriers Ltd v Panalpina (Northern) Ltd truly be said to rob the contract of any purpose?

Correct AnswerAnswered by ExamLex AIIn the case of National Carriers Ltd v P...View AnswerShow Answer

The effect of frustration is to render a contract void ab initio.

Correct AnswerverifiedShow Answer

If a contract is frustrated, will a party get back money already paid?

Correct AnswerverifiedShow Answer

The categories of events that can be regarded as 'frustrating' are closed.

Correct AnswerverifiedShow Answer

A contract will be frustrated where the thing that is to be done becomes illegal after the contract is made?

Correct AnswerverifiedShow Answer

In Paradine v Jane the court found the contract to be:

Correct AnswerverifiedShow Answer

For what reason does Lord Loreburn (in Davis Contractors v Fareham UDC) reject the implied term as a basis for discharging frustrated contracts?

Correct AnswerverifiedB

S 1(3) of the Law Reform (Frustrated Contracts) Act 1943 covers what area of frustration?

Correct AnswerverifiedB

To what extent can it be said that rather than implying terms and the like, in cases of frustration the real rule is simply to do what is fair to the parties in light of the circumstances?

Correct AnswerAnswered by ExamLex AIIn cases of frustration, it can be said ...View AnswerShow Answer

How does the Law Reform (Frustrated Contracts) Act 1943 modify the common law position as regards 'remedies' for frustration?

Correct AnswerAnswered by ExamLex AIThe Law Reform (Frustrated Contracts) Ac...View AnswerShow Answer

Adam runs a removal company that owns two trucks. He contracts with Eve for the removal of her furniture from her flat. On the day of the move, one of Adam's trucks has broken down and the other is engaged in another job. Would the contract:

Correct AnswerverifiedShow Answer

Correct Answer
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A

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Correct Answer
Answered by ExamLex AI
The fairness of the law in dealing with ...
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In the case of National Carriers Ltd v P...
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B

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B

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Answered by ExamLex AI
In cases of frustration, it can be said ...
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Answered by ExamLex AI
The Law Reform (Frustrated Contracts) Ac...
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