COVID-19 and Frustration in English law

Hugh Beale and Christian Twigg-Flesner, "Covid-19 and frustration in English law" in Sergio Garcia Long, Derecho de los Desastres: Covid-19 (Pontificia Universidad Católica del Perú, 2020)

16 Pages Posted: 26 Sep 2020

See all articles by Hugh Beale

Hugh Beale

Warwick School of Law

Christian Twigg-Flesner

University of Warwick - School of Law

Date Written: June 18, 2020

Abstract

In this chapter, we explore the ways in which the impact of COVID-19 on the performance of contracts would be dealt with under the doctrine of frustration in English law. Starting with the strict obligation to perform a contract, we outline the elements of the doctrine of frustration, including the operation of the Law Reform (Frustrated Contracts) Act 1943 and the possibility of contracting out of the Act. We then examine permanent, temporary and partial impossibility more closely. We also consider the relevance of force majeure and MAC clauses. We then identify elements of the doctrine of frustration which might be open to further development in the wake of the COVID-19 pandemic, although we do not anticipate significant changes to the law.

Keywords: Frustration, COVID-19, impossibility, English Law

JEL Classification: K12

Suggested Citation

Beale, Hugh and Twigg-Flesner, Christian, COVID-19 and Frustration in English law (June 18, 2020). Hugh Beale and Christian Twigg-Flesner, "Covid-19 and frustration in English law" in Sergio Garcia Long, Derecho de los Desastres: Covid-19 (Pontificia Universidad Católica del Perú, 2020) , Available at SSRN: https://ssrn.com/abstract=3698693 or http://dx.doi.org/10.2139/ssrn.3698693

Hugh Beale

Warwick School of Law ( email )

Gibbet Hill Road
Coventry CV4 7AL, CV4 7AL
United Kingdom
+44 2476-573844 (Phone)
+44 2476-524105 (Fax)

HOME PAGE: http://www2.warwick.ac.uk/fac/soc/law/staff/academic/beale

Christian Twigg-Flesner (Contact Author)

University of Warwick - School of Law ( email )

Gibbet Hill Road
Coventry CV4 7AL, CV4 7AL
United Kingdom

HOME PAGE: http://https://www2.warwick.ac.uk/fac/soc/law/people/Christian_Twigg-Flesner

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
837
Abstract Views
2,431
rank
37,360
PlumX Metrics