header-logo header-logo

20 January 2011 / Clare Arthurs , Stephen Hackett
Issue: 7449 / Categories: Features , Damages , Commercial
printer mail-detail

A frustrating experience?

Stephen Hackett & Clare Arthurs unravel the complexities of contracting with a sole trader

There is nothing controversial in the proposition that if contract performance becomes more difficult, then the party who fails to perform is generally liable for damages. One long-standing exception to this is the common law doctrine of frustration. This allows a contract to be discharged with no further obligations when performance becomes impossible, illegal or radically different from what was originally envisaged.

There are several well recognised scenarios in which contracts may be held to be frustrated. Cases have typically been confined to unusual situations, or situations where it would be extremely difficult to arrange for another individual to perform the services in question. In recent times, perhaps because of the development of statutorily implied terms, the doctrine of frustration has fallen out of vogue. The recent High Court judgment in Atwal v Rochester [2010] EWHC 2338, however, has placed it firmly back on the agenda for sole traders, and those contracting with them.

Factual foundation

In

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll