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Law of Contract: Analysis of Frustration Act and Law Reform Act

   

Added on  2023-06-12

8 Pages2231 Words162 Views
Law of Contract

Table of Contents
Introduction..........................................................................................................................................2
Main Body............................................................................................................................................2
There has been variation between frustration and breach of contract in following ways. .............2
Effect of Law Reform Act................................................................................................................3
Problems Faced Under Contract Act...............................................................................................4
Conclusion............................................................................................................................................7
References............................................................................................................................................8
Introduction
The English legal system of United Kingdom is considered as one of most crucial and
highlighted system in West European region(Choi,Scott and Gulati,2021).. The expansion
connected not within country but also commonwealth states. The emergence of contract law
resulted to be one of most complex facets of common law from the time it has evolved . Initially the
law in 19th century developed on basis of assumption depending on various factors and elements.
This legislation in todays time comes under Sale and Supply Goods Act, 1994 safeguarding rights
of both parties having contractual obligation. The contract includes two or more parties agreeing
mutually on same terms and condition with intention and considerate amount to enforce such
obligation on each other. There are various steps to enter in such legal agreement as proposal,
promise, offer, acceptance, consideration, legal intention etc. It also talks about remedies for any
violation, damages, infringement by other party or any uncertain event caused providing damages
and compensation for such breach of duty in general . This report further covers introduction of
frustration Act and contract law brief analysis determining its impact, loopholes and its effect after
its implementation in legal system of UK. Further it prepares contrast report between contract and
Land Reform Act,
Main Body
Land Reform Act came in to being on August, 1943 after amending some improvements in
frustration contract in common legal system. It came into existence at the time when certain
agreement were contingent in nature and could not be administered to perform an act. Where
parties are discharged due to non performance of contract. To comply with such default this
regulation came into being in English law(Wragg.,2019).

There has been variation between frustration and breach of contract in following ways.
The Frustration of contract is a doctrine which can be seen in cases which are inevitable actions
make discharge of such legal agreement contingent to perform which in reasonable circumstances
cannot be inferred by parties(Papantoniou.,2020).. Such event does not make either of sides
accountable in such case, where the nature of contract is frustrated the agreement becomes void ab
initio resulting non performance of future conduct with respect to both parties. It is known when
such scenario results in radical difference of discharging its obligation with what is expected in
ordinary prudence mutually by parties. Its application comes in place at the time when the
contention of such agreement is of no use, unfortunate event like death of party, delay in discharge
is seen then termination comes in effect. For instance- Act of god, emergency in statehood, war,
terrorism etc.
Breach of contract exists where due to non compliance to fulfil its duty by one party where it was
obligated to perform or act in reasonable circumstances but due to failure in delivering in
accordance with terms of contract. It occurs in both express and implied form of agreement. The
parties in such case have option to either settle outside the court or with the assistance given by
division of courts. There are varied forms of breach including anticipatory, by minor, actual,
material one(Jalili and Azizollahi.,2020).. The process of such contract occurs when due to
repudiation on part of either party violating terms of agreement before completion of performance
before time. This can also be found where non compliance condition are also stated in original
contract documents. The reasoning behind such behaviour of party maybe where it is not intended
to enter in contract or commit any fraud, misrepresent or conceal facts in issue, coercion, any kind
of force mentally or physically or due to mutual negligence by both sides etc.
Effect of Law Reform Act
The act was reformed and introduced by law makers under the rules of Parliament known as
Law Reform [Frustrated Contract] Act, 1943. It majorly deals with rights and obligation of people
entering in frustrated contract under UK Common legal system. This legislation discusses about
varied forms of measures under English law which restrict an individual to enter into contract
which is of frustrated nature. The aim of such regulation is to retrieve the loss caused due to such
event which was uncertain and to claim compensation for future scenario damages incurred by
party.
The requirement to enforce such law was needed as former common law system of UK a law
was enforced under the case of Chandler v. Webster, under which an individual claiming its

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