Frustrated Contracts Act 1944

  • repealed
  • Frustrated Contracts Act 1944: repealed, on 1 September 2017, by section 345(1)(f) of the Contract and Commercial Law Act 2017 (2017 No 5).
4 Provision as to application of this Act

(1)

This Act shall apply to contracts, whether made before or after the commencement of this Act, as respects which the time of discharge is on or after 1 November 1944, but not to contracts as respects which the time of discharge is before the said date.

(2)

This Act shall apply to contracts to which the Crown is a party in like manner as to contracts between subjects.

(3)

Where any contract to which this Act applies contains any provision which, upon the true construction of the contract, is intended to have effect in the event of circumstances arising which operate, or would but for the said provision operate, to frustrate the contract, or is intended to have effect whether such circumstances arise or not, the court shall give effect to the said provision and shall only give effect to the last preceding section of this Act to such extent (if any) as appears to the court to be consistent with the said provision.

(4)

Where it appears to the court that a part of any contract to which this Act applies can properly be severed from the remainder of the contract, being a part wholly performed before the time of discharge, or so performed except for the payment in respect of that part of the contract of sums which are or can be ascertained under the contract, the court shall treat that part of the contract as if it were a separate contract and had not been frustrated and shall treat the last preceding section of this Act as only applicable to the remainder of that contract.

(5)

This Act shall not apply—

(a)

to any charter party, except a time charter party or a charter party by way of demise, or to any contract (other than a charter party) for the carriage of goods by sea; or

(b)

to any contract of insurance, save as is provided by subsection (5) of the last preceding section; or

(c)

to any contract to which section 9 of the Sale of Goods Act 1908 (which avoids contracts for the sale of specific goods which perish before the risk has passed to the buyer) applies, or to any other contract for the sale, or for the sale and delivery, of specific goods, where the contract is frustrated by reason of the fact that the goods have perished.

Compare: Law Reform (Frustrated Contracts) Act 1943 s 2 (Imp)