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Frustration is a doctrine in English law comprising a Common law right to terminate a contract where a frustrating event occurs after the contract date. See Practice Note: Discharge by frustration.

Frustration is a particularly difficult claim to succeed with. It introduces an element of uncertainty into contractual relations which the courts are not favourable to. For guidance on the steps involved in analysing a potential frustration scenario, see Practice Note: Frustration event analysis—a practical guide.

It is also worth considering the below cases both for general guidance on the various steps involved and by way of illustration of the court’s approach. The cases are listed in reverse chronological order. However, it is critical to bear in mind that each case will be fact sensitive and therefore decided on its own merits, particularly with regard to the ‘multi-factorial approach’ espoused in Edwinton Commercial Corp v Tsavliris Russ (Worldwide Salvage and Towage) Ltd, The Sea Angel.

The common law doctrine of frustration is sometimes considered alongside the contractual right of parties to suspend and/or terminate