Law Reform (Frustrated Contracts) Act 1943: Time to dust it off
Adam Porte and Gurprit Mattu of No5 Barrister Chambers in London will discuss the application of the Law Reform (Frustrated Contracts Act) Act 1943 (“LRA ”) to a contract which has become impossible to perform due to Covid 19. Parties wishing to withdraw from contractual obligations may seek to rely on force majure. However, if the relevant clause includes no express reference to pandemics, then it is highly unlikely to be implied into the contract. The LRA, as well as the common law, may benefit a party to a contract who can prove it has been frustrated.
The virtual classroom will discuss when a contract is frustrated and what a party may be able to recover under the LRA. The LRA has been little used since its enactment, but it may now prove to be a useful piece of legislation