header-logo header-logo

Contract

07 August 2008
Issue: 7333 / Categories: Case law , Law digest
printer mail-detail

CTI Group Inc v Transclear SA [2008] EWCA Civ 856, [2008] All ER (D) 290 (Jul)

It is essential to the doctrine of frustration that the performance of the contract in the new situation should be fundamentally different from that originally contemplated.

In deciding whether or not that is the case, it is necessary to have regard to the general nature of the contract as well as its specific terms, the context in which it was made, and the contemplation of the parties as to the range of circumstances in which it might come to be performed.

A contract will not necessarily be frustrated simply because performance has become impossible, and it will not be frustrated simply because one party is prevented from performing in the manner originally intended if performance in some other manner is possible.

Issue: 7333 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Muckle LLP—Rachael Chapman

Muckle LLP—Rachael Chapman

Sports, education and charities practice welcomes senior associate

Ellisons—Carla Jones

Ellisons—Carla Jones

Partner and head of commercial litigation joins in Chelmsford

Freeths—Louise Mahon

Freeths—Louise Mahon

Firm strengthens Glasgow corporate practice with partner hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll