When an unforeseen event renders performance of a contract radically different from what was undertaken, the contract is discharged by frustration.
Explanation
Application examples
Scenario
Ravi contracts with a concert hall to hold a classical music performance on 15 December. Ticket sales are strong. On 10 December, the concert hall is destroyed by fire through no fault of either party. Ravi claims he is frustrated and should not have to pay the cancellation fee stipulated in the contract. The concert hall argues the fee remains due because Ravi can perform elsewhere.
Analysis
A supervening event (fire) has occurred after contract formation, beyond either party's control. However, frustration doctrine requires that performance be impossible or radically different. Here, Ravi can perform elsewhere—the specific venue has been destroyed, but the obligation to perform a concert is not impossible, merely inconvenient or costly to relocate. The contract was for a specific hall on a specific date; the hall's destruction makes performance at that venue impossible. But the question turns on what exactly was promised: if the contract was for 'a concert performance' generally, Ravi's obligation survives (perform elsewhere); if it was for 'a concert at this specific hall on this date,' the supervening destruction does frustrate the contract.
Outcome
If the contract identified the specific hall as essential to the bargain, frustration discharges both parties and the cancellation fee is not payable. If the hall was incidental and the obligation was to perform a concert, frustration does not apply and Ravi remains bound—he must perform elsewhere or pay the fee for breach. The outcome depends on interpreting the original agreement's scope.
Scenario
A textile mill contracts with a government agency to supply cotton fabric for ten years at a fixed price. Two years into the contract, the government imposes a strict export ban on cotton fabric due to a sudden national shortage. The mill argues the contract is frustrated because supplying is now illegal. The agency counters that the mill could sell domestically instead and should have anticipated such government action.
Analysis
A supervening event (export ban) has occurred after formation, making the contracted mode of performance (supply to the agency, presumably for export use) illegal or radically altered. However, the question of foreseeability arises: should the mill have anticipated government action? More critically, the ban does not make performance of the contract impossible—the mill can still supply fabric domestically. The illegality pertains only to export, not to the supply obligation itself. If the contract's purpose was domestic supply, illegality does not frustrate. If the contract required export or the parties contemplated export-linked value, frustration may apply. The supervening event must make the contract's core obligation impossible or fundamentally different, not merely make one envisioned consequence illegal.
Outcome
Frustration is unlikely unless the contract explicitly or impliedly required export or linked performance to export viability. The ban frustrates only if the governing law or purpose of the contract made export an essential component. If domestic supply satisfies the contractual obligation, the mill remains bound despite the ban, and any claim of frustration fails.
Scenario
A shipping company contracts to transport goods from Mumbai to London. After loading, a war breaks out between two nations, and international shipping routes are closed and cargo seizure is declared possible. The shipping company refuses to sail, claiming frustration. The cargo owner argues that alternate routes exist, though costlier and longer.
Analysis
A supervening event (war, route closure, seizure risk) has occurred after contract formation and is clearly beyond the parties' control. The question is whether performance has become impossible or radically different. Sailing the contracted route is now illegal (closure) and fraught with seizure risk, making it fundamentally different from the safe, routine voyage contemplated. However, alternate routes exist. The doctrine requires that performance become impossible or radically transformed—not that it become more expensive or risky. If an alternate route permits substantially similar performance, frustration may not apply. Conversely, if the contract specified the route, route closure frustrates the contract. The key element is whether the supervening event has made performance of the essential obligation impossible or substituted something radically different.
Outcome
If the contract identified the specific route as essential (e.g., 'via the Suez Canal'), the closure frustrates the contract. If the contract obligated 'carriage to London' without specifying route, the obligation survives via alternate routes despite increased cost and duration, and the shipping company remains bound. The core principle is that increased burden or cost does not frustrate; impossibility or radical transformation does.
How CLAT tests this
- Examiners describe an event that occurs before or at the moment of contract formation (e.g., a building is already damaged when the contract is signed) and test whether candidates incorrectly apply frustration doctrine, which requires the event to be supervening—occurring after formation. The wrong answer choice claims frustration; the correct answer recognises that pre-formation events are not supervening and may instead involve mistake or misrepresentation.
- A party's own breach or negligence causes the supervening event (e.g., a contractor's negligence damages the work site, then they claim frustration due to site destruction). Examiners present the event as seemingly external while burying the causation by the claiming party in the narrative. Candidates must recognise that if a party has caused the event, they cannot rely on frustration, and the doctrine does not apply.
- Examiners conflate frustration with commercial impracticability or hardship by presenting a contract where performance has become drastically more expensive or burdensome (e.g., a price rise or sudden devaluation of currency makes performing at the contracted price grossly unprofitable). Candidates incorrectly treat 'onerous' as equivalent to 'impossible'; the correct analysis recognises that mere hardship, economic loss, or inconvenience does not frustrate a contract. Frustration requires impossibility or radical transformation of the nature of performance, not merely difficulty or loss.
- A contract includes an explicit force majeure clause or conditional language addressing certain contingencies (e.g., 'performance excused if war occurs' or 'price adjustment if material cost rises by more than 20%'). Examiners then ask whether frustration doctrine applies to those same events. The correct answer recognises that where parties have explicitly allocated risk or provided for contingencies, the frustration doctrine is excluded—the parties have already addressed the risk and chosen the remedy. Frustration cannot contradict or override the parties' own contractual allocation.
- A fact pattern describes an event that makes one mode or route of performance impossible but alternate, reasonable modes remain available (e.g., a contractual route is closed but alternative routes exist, or a specific supplier fails but other suppliers are available). Examiners test whether candidates incorrectly assume that any impediment to one method of performing frustrates the contract. The correct analysis recognises that frustration requires impossibility of performing the essential obligation, not merely one method. If the core obligation can be performed via alternate means, frustration does not apply unless the contract specified the particular means as essential.