Law Commons^™

Frustration In English Law – A Reappraisal, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

There are few doctrines in the English common law of contract that have raised as much theoretical discussion as the doctrine of frustration. The present article attempts a reappraisal of the doctrine, its central thesis being that many of the major controversies centring on the doctrine have been unnecessary as they stem from an omission to view the doctrine in a holistic fashion. Indeed, it is submitted that a more coherent view must proceed from a theoretical reappraisal, which reappraisal would, ironically, lead to a more cogent practical application of the doctrine itself. That theory lies at the core of …