#contract #frustration #law
Clearly death renders performance impossible, but what about unavailability because of illness? In Morgan v Manser [1948] 1 KB 183, the music-hall artist 'Cheerful Charlie Chester' was called up for military service and the contract was frustrated. Also, in Condor v The Barron Knights Ltd [1966] 1 WLR 87, the drummer in a pop group was taken ill and only capable of working three or four nights a week, whereas the group had engagements for seven nights a week, such that the contract was frustrated because the drummer was not capable of performing the contract in the way intended. Equally, in Robinson v Davison (1871) LR 6 Exch 269, the contract was frustrated when a pianist who was booked to perform a concert could not perform due to illness.
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