South Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


6—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).

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback