BU231 Lecture 18: Page-4 (1)
Document Summary
Effect of frustration: harshness of common law. A widow was unable to recover proportionate wages from her husband"s employer when he was to be paid on completion of his a voyage from jamaica to. Liverpool but died of the way there employer cited that he had not performed" as promised: court tried to reduce harshness with the fibrosa decision. If no benefit is conferred to buyer, then the deposit must be returned even if seller incurred expenses. If a seller has conferred even the slightest benefit on the buyer (deliver small advanced shipment) the seller can retain whole deposit. No deposit, no remedy: most recent development with frustration. If a party incurs expenses in connection with performance of contract, the court may allow that party to retain this money. Just can"t retain any sum in excess of payment made. If there is no deposit or benefit conferred, then there is no remedy.
