Scottish Navigation Co.'s Case [1917] 1 K. B. 222, 249
Citation:Scottish Navigation Co.'s Case [1917] 1 K. B. 222, 249
Rule of thumb:What happens if circumstances change and a party wants out of a contract because of them? If factual circumstances emerge which no reasonable person could have envisaged at the start of a contract, then this is the basic starting point for a contract potentially being deemed to be frustrated & one of the parties being allowed to leave it.
Judgment:
The Court in this case set the general test for frustration – this is deemed to be conditions which emerge that were wholly unforeseeable, ‘No such condition should be implied when it is possible to hold that reasonable men could have contemplated the circumstances as they exist and yet have entered into the bargain expressed in the document’, Lawrence J
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.