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FRUSTRATED CONTRACTS ACT 1978 - SECT 7
Promise not performed
7 Promise not performed
(1) Where a promise under a frustrated contract was due to be, but was not,
performed before the time of frustration, the promise is discharged except to
the extent necessary to support a claim for damages for breach of the promise
before the time of frustration.
(2) Subsection (1) does not affect a promise
due for performance before frustration which would not have been discharged by
the frustration if it had been due for performance after the time of
frustration.
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