正在編輯用戶:Hinnia/Frustration （章節）

=== Personal Services Contracts ===

* Morgan v Manser [1948] 1 K.B. 184
** Facts: Performers
*** Manser is hired to sing in concert halls
*** Conscripted into the army
*** Doesn’t perform contracts
** Issue: Whether contract was frustrated by the defendant’s call-up and prolonged absence in military service
*** Thereby discharging both parties from further performance.
** Held: Contract was frustrated by the defendant’s call-up. The defendant was not liable for breach of contract.
* Legal Principle
** Citing authorities including Tamplin Steamship Co. and Cricklewood Property Trust
** “If there is an event or change of circumstances
*** So fundamental as to be regarded by the law as striking at the root of the contract as a whole
*** And as going beyond what was contemplated by the parties
*** And such that to hold the parties to the contract would be to bind them to terms
**** Which they would not have made had they contemplated that event
*** Then the contract is frustrated.
**** Frustration operates automatically
**** Irrespective of the parties’ intentions or continued conduct treating the contract as subsisting.
*** Discharges contract

* Condor v The Barron Knights [1966] 1 W.L.R. 87
** Facts:
*** Touring band
*** Drummer has nervous breakdown
*** Psychiatrist at mental asylum:
**** Can perform 4 nights a week
**** or will have mental breakdown
*** Grp needs drummer to perform 7 nights a week
**** Changing the drummer from night to night was not in a business sense practical
*** P's contract provided for immediate dismissal on breach of its terms.
*** P was dismissed and brought an action against his employer for wrongful dismissal.
** Held:
*** Contract was frustrated. 
*** Plaintiff’s inability to perform the essential terms of the contract 
**** Even though only partial
**** Performance had become impossible in a business sense. 
*** No wrongful dismissal.
** Reason:
*** Changes radically nature of what was promised