South Australian Current Acts South Australian Current Acts6—Effect of frustration on contractual obligations
(1) Subject to
subsection (2), the frustration of a contract discharges the parties from
all contractual obligations (including obligations that should have been, but
were not, performed before the date of frustration).
(2) The frustration of
a contract does not affect—
(a) an
obligation that is, according to the proper construction of the contract, to
survive frustration; or
(b) a
right of action, that arose before frustration, for damages for breach of
contract (but, in the assessment of any such damages, the fact that the
contract has been frustrated and any consequential adjustment, or right to an
adjustment, under this Act will be taken into account).