Curated Scholarly Writing Samples

[1] The primary legal question is whether the supervening export ban constitutes a frustrating event discharging Alpha Ltd from its contractual delivery obligations to Beta Corp under Clause 14. [2] Under the doctrine established in Davis Contractors Ltd v Fareham UDC [1956] AC 696, frustration occurs when an unforeseen event renders performance fundamentally different from that which was undertaken. Lord Radcliffe emphasized that "frustration is not to be lightly invoked; the change of circumstances must be so radical that to hold the parties to the contract would be to enforce a contract they never made." [3] Applying the test to the present facts, the government decree of 14 March was wholly non-foreseeable. Crucially, Clause 14 contains no force majeure allocation for sovereign trade embargoes. Consequently, under s 1(2) of the Law Reform (Frustrated Contracts) Act 1943, all sums paid or payable before discharge are recoverable, subject to the court's discretion regarding incurred expenses (Gamerco SA v ICM/Fair Warning (Agency) Ltd [1995] 1 WLR 1226).