Frustrate - Judgment Search Results

National Carriers Limited Versus Panalpina (Northern) Limited

Court: House of Lords

..... may 1979 and they counterclaimed a declaration that the lease had been discharged by frustration on 20th september 1979 master waldman heard the respondents summons for summary judgment under ..... different results in fundamentally analogous circumstances to deny the extension of the doctrine of frustration to leaseholds produces a number of undesirable anomalies it is true that theoretically it would .....

Siddhivinayak Realties Pvt. Ltd. Vs. V. Hotels Limited and Others

Court: Mumbai

..... this reason that the learned arbitrator holds that the repudiatory breach and or event of frustration continued and whileso the respondents letter dated 6th october 2005 accepting the contract as ..... is based is that of impossibility of performance of the contract in fact impossibility and frustration are often used as interchangeable expressions the changed circumstances it is said make the .....

Sri Amuruvi Perumal Devasthanam, Mayuram Taluk, Represented by Its Man ...

Court: Chennai

Reported in: (1962)2MLJ452

..... the effect of rendering the contracts more burdensome but to attract the doctrine of frustration burdensomeness is not the necessary consideration the impossibility of performance of the contract is ..... unprofitable thus the law is settled that the doctrine of impossibility of performance or frustration cannot be applied to cases of commercial transactions impossibility of performance cannot be called .....

Fibrosa Spolka Akcyjna Vs. Fairbairn Lawson Combe Barbour, Limited

Court: House of Lords

..... frequent occurrence since the beginning of the last war the commercial adventure was frustrated the legal effects of frustration are not in dispute they were not determined for the first time ..... indemnity from any liability already incurred in performing the contract nor could moneys paid before frustration be recovered if the person making the payment has received some part of the consideration .....

Davis Contractors Limited Vs. Fareham Urban District Council

Court: House of Lords

..... provided for something which ex hypothesi they neither expected nor foresaw and the ascription of frustration to an implied term of the contract has been criticised as obscuring the true action ..... opinion if that sort of consideration were to be sufficient to establish a case of frustration there would be an untold range of contractual obligations rendered uncertain and possibly unenforceable two .....

James B. Fraser and Co. Vs. Denny, Mott and Dickson

Court: House of Lords

..... the rule finds its simplest and earliest exemplification where a contract for personal service is frustrated by the death of the contractor during the period of convenanted service for breaches of ..... trading stood by themselves it could scarcely have been questioned that the trading adventure was frustrated some objections to this conclusion were overruled in the court below and were scarcely relied .....

Mugneeram Bangore and Co. Vs. Satyabrata Ghosh and anr.

Court: Kolkata

Reported in: AIR1951Cal332,55CWN222

..... the performance of the contract as contemplated became indefinitely impossible and the contract terminated by frustration its implied foundation being gone this contention as well as other contentions of the ..... the parties if they had anticipated and had taken into consideration the events which ultimately frustrated the object of their adventure would have made provision for it and again in .....

Bank Line, Limited Vs. Arthur Capel and Company

Court: House of Lords

..... and the detention under it as this amounted to a frustration of the adventure by circumstances beyond the appellants control the ..... case of restraint of princes would exclude the doctrine of frustration of the adventure as terminating the contract this proposition should ..... place the theory of dissolution of a contract by the frustration of its commercial object rests on an implication which arises .....

Mahadeo Prosad Shaw Vs. Calcutta Dyeing and Cleaning Co.

Court: Kolkata

Reported in: AIR1961Cal70

..... be held that after the calcutta corporation demolished one of the structures the contract became frustrated and therefore restitution is not possible 5 mr ganguly on behalf of the tenant has ..... court reported in air1950bom89 tarabai jivanlal v padamchand he therefore submits that the doctrine of frustration has no application to leases and the restitution was correctly allowed by both the courts .....

Chandanmull Jhaleria and ors. Vs. Clive Mills Co. Ltd. and ors.

Court: Kolkata

Reported in: AIR1948Cal257

..... the parties the contract was discharged rescinded or avoided by frustration and therefore ceased to be operative on 30th september 1946 ..... at length with the contention that these contracts had been frustrated the argument was that as they had been frustratod the ..... that is generally accepted as underlying the principle of the frustration cases is contractual an implied condition sir john simon formulated .....