Discharge by frustration


Published by a UUÂãÁÄÖ±²¥ Dispute Resolution expert
Practice notes
In-house COVID-19

Discharge by frustration


Published by a UUÂãÁÄÖ±²¥ Dispute Resolution expert

Practice notes
In-house COVID-19
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This Practice Note summarises how the Common law doctrine of Frustration may operate to discharge an agreement and the legal consequences of a contract being frustrated, including issues of partial frustration, party at fault (self-induced frustration) and examples of types of frustrating event. See also Practice Notes:

  1. •

    Frustration event analysis—a practical guide

  2. •

    Frustration—key and illustrative decisions

For guidance on drafting a notice asserting frustration of a contract, see Precedent: Contract frustration notice.

Interest in the doctrine of frustration has come to the fore in light of recent world events such as the coronavirus (COVID-19) pandemic in 2020 and Russia’s invasion of Ukraine in 2022. Links to general guidance with regard to contractual relations and these world events is provided in the current world events section below.

Frustration is distinct from the concept of force majeure, on which see Practice Note: Force majeure—consequences and contract discharge and related content.

What is frustration?

Frustration is a common law doctrine which operates to bring an agreement to an end on the happening of some unforeseen supervening event

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Frustration definition
What does Frustration mean?

Where unforeseen circumstances prevent the performance of a contract so that it may be treated as discharged.

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