At common law, the ability of a party to retain sums not yet paid would be determined by how the obligations were previously agreed. Clearly, this was a most unsatisfactory and arbitrary manner in which to deal with parties to a frustrated contract, and the need for reform of the common law position was widely recognised, but not addressed until the House of Lords decision of Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd [1943] AC 32.