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Frustration


Law and Sea.
The Doctrine of Frustration

The English Common law historically holds the parties to their bargain, thus leaving them to make their own provisions for events outside of their control, for circumstances which may make their obligations more burdensome and for instances which may render further performance of contract impossible.
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Non Haec in Foedera Veni (It Was not This I Was Promised to Do)
Last updated: 17-Feb-2015

Footnote from judgment of Rix LJ in The Sea Angel [2007] EWCA Civ 547:

See Vergil, Aeneid. IV.338/9: nec coniugis umquam praetendi taedas aut haec in foedera veni. It is ironic that Aeneas’s shabby excuse to Dido has become the watchword of the modern doctrine of frustration. Aeneas’s desertion of Dido has not played well down the ages. However, there is another view ("At pius Aeneas quamquam lenire dolentem solando cupit et dictis auertere curas, multa gemens magnoque animum labefactus amore iussa tamen diuum exsequitur classemque reuisit. - But pious Aeneas, although he desired by consolation to lessen her grief and deflect her worries with his words, with much groaning, his heart weakened by a great love, he followed the orders of the gods and returned to his fleet" Aeneis.IV.393).


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