might occur (Paradine v Jane, 1647). In order to ease the hardship which this rule caused in cases where the contract could not be properly fulfilled through no fault of either party but due to occurrence of unforeseen events, the doctrine of frustration was developed. The original theory was that frustration discharged the contract through an implied term to that effect (Taylor v. Caldwell [1863], Tamplin Steamship Co. Ltd. v. Anglo-Mexican Petroleum
Ralph Webster Yarborough was born in 1903 in the rural East Texas town of Chandler, about 50 miles east of Dallas. He was the seventh child of nine born to Charles and Nannie Yarborough and attended public schools in Chandler. Geographically, the environment in which Ralph was raised was similar to the Deep South, but uniquely Texan in its population and industries. V.O. Key quote "The odour from the oil refineries settles over the cotton fields and makes scarcely perceptible the magnolia scent
Contract Law Bingham LJ's statement expresses well the purpose of the doctrine of frustration which is to moderate the general rule, as expressed in Paradine v. Jane (1647), that, unless they have been expressly qualified, contractual obligations are absolute. It does not tell us much about the underlying principles of the doctrine. How and when does it apply and what are the effects? Contract law needs certainty and a doctrine that excuses parties from the performance of their obligations
sale of tinned fruit stating that the tins were to be packed 30 tins to a case. When the goods arrived, although the correct number of tins was delivered, they were packed in cases of only 24 tins. This could lead to unjust results. Cutter v Powell (1795) 6 Term Rep 320. The defendant agreed to pay Cutter 30 guineas provided he executed his duties as second mate on a voyage from Kingston, Jamaica to Liverpool. Cutter began the voyage but died when the ship was 19 days short of Liverpool