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Key definition
Frustration definition

What does Frustration mean? In contract practice, frustration describes a supervening event, arising after formation and without either party’s fault, that makes performance impossible, illegal, or so radically different from what was agreed that the contract ends automatically. It is a case law doctrine, not generally defined by statute, and is distinct from force majeure clauses, which may allocate the relevant risk and thereby preclude frustration. Key features include: the event must be unforeseen; increased expense or delay alone is usually insufficient; and self‑induced impossibility will not qualify. Typical examples are destruction of the contract’s subject matter, supervening illegality, or cancellation of an...

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Frustration of contracts: principles, tests, events, limits and remedies under the Law Reform (Frustrated Contracts) Act 1943

Practice notes
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This Practice Note outlines how the Common law doctrine of Frustration may operate to terminate an agreement and the legal effects when a contract is frustrated, addressing issues of partial frustration, the position where a party is at fault (self‑induced frustration), and illustrations of types of frustrating event. See also the following Practice Notes:

  • Frustration event analysis—a practical guide
  • Frustration—key and illustrative decisions

For detailed guidance on drafting a notice that asserts frustration of a contract, see Precedent: Contract frustration notice. Interest in the doctrine of frustration came sharply to the fore in light of global events such as the coronavirus (COVID-19) pandemic in 2020 and Russia’s invasion of Ukraine in 2022, together with the attendant imposition of sanctions against Russian entities. Links to general guidance regarding contractual relations and these world events are also provided in the current world events section below. Frustration is distinct from the concept of force majeure; see Practice Note: Force majeure—consequences and contract discharge and further related content.

What is frustration?

Frustration is a common law doctrine that operates to bring an agreement to an end upon the occurrence of an unforeseen supervening event beyond the parties’ control...

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Web page updated on 27/05/2026

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