Covid-19 and the Problem of Frustrated Contracts

Abstract

Covid-19 has created an unexpected global pandemic which has brought unprecedented and wide ranging restrictions from governments around the world. One result of these events has been profound disruptions to individual contracts. This article considers the nature and history of the doctrine of frustration in English law. The lack of certainty in ascertaining whether or not an event is a frustrating one is examined. A consideration of the particular problems innumerable parties will face in attempting to decide whether or not their contract has been discharged by frustration as a result of Covid-19 and the regulations designed to curtail the virus are made. The article concludes with an overview of the Law Reform (Frustrated Contracts) Act 1943.