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Tuesday, 17 January 2012

Frustrating Event

In Bank Line v Arthur Capel & Co [1919] A. C. 435, Per Lord Sumner:
... Rights ought not to be left in suspense or to hang on the chances of subsequent events. The contract binds or it does not bind, and the law ought to be that the parties can gather their fate then and there. What happens afterwards may assist in showing what the probabilities really were, if they had been reasonably forecasted, but when the causes of frustration have operated so long or under such circumstances as to raise a presumption of inordinate delay, the time has arrived at which the fate of the contract falls to be decided.
Read more here:http://caselawquotes.net/F/FrustratingEvent.html

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