BTC1110 Lecture Notes - Lecture 16: Helen Baxendale, Free Range, Belle Gibson
4 Sep 2018
School
Department
Course
Professor
Document Summary
Davis contractors (example that was not able to be terminated due to frustration) Remoteness principle the loss must be reasonably foreseeable at the time of contracting. Hadley v baxendale a(cid:272)(cid:272)epted (cid:271)(cid:455) the (cid:272)ou(cid:396)t (cid:894)(cid:862)all o(cid:396) nothi(cid:374)g(cid:863) idea. (cid:895) The person leasing the house had made several breaches of contract, including refusing to pay rent. Court decided that due to the cumulative effect of all the breaches, this amounted to a repudiation of the lease, allowing the owner to terminate the contract. Davis contractors were asked to build 78 houses within 8 months, and as part of the agreement would be provided with labour and material adequate for the job. However it took 22 months to get the job done however this was not enough to frustrate the contract as there was unskilled labour provided. A turn shaft broke in the mills on a steam engine and a replacement was not sent for.
