The doctrine of frustration of contract in English Law

In the article, the authors provide a detailed analysis of the judicial practice of the genesis, formation and subsequent development of the doctrine of frustration of contract in English Contract Law. The authors show and disclose in details the circumstances the English courts may recognize as the basis for the application of doctrine. The study carried out by the authors allowed them to reflect a certain degree of influence of Roman Law on the genesis and formation of the doctrine, and allowed them to formulate their own conclusions regarding the practice of applying the doctrine of frustration in the Contract Law of England. In particular, the authors conclude that the regulation of the doctrine of frustration of contract is extremely complex. At the same time, the authors of this article note that doctrine is undoubtedly an effective tool for regulating the social relations that arise between the parties of contract. Moreover, the authors point out that by means of such an instrument as the doctrine of frustration of contract, English judges manage to find and maintain a balance between the principles of freedom of contract, pacta sunt servanda (contracts must be enforced) and the principle of justice, which is definitely matters in the conditions of dynamics of change and complexity of social relations in the world.

contract, frustration of contract, impossibility of contract execution, Case Law, English Contract Law