#contract #frustration #law
The default position is that the consequences of frustration are determined according to the provisions of the Law Reform (Frustrated Contracts) Act 1943. However, it is worth noting that, where the contract contains provisions dealing with the consequences of frustration, the Act will apply only to the extent that it is consistent with the contract (s 2(3)). It is therefore possible for contracting parties to exclude the operation of the Act by prior agreement.
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