Gulam v Yusuf
Gulam v Yusuf (Civil Appeal No. 21 of 1945) [1946] EACA 6 (1 January 1946)
The doctrine of frustration does not apply where the impossibility of performance is caused by the default of one of the parties, rather than by an external supervening event for which neither party is responsible. In this case, the appellant breached the contract by failing to deliver possession of the premises before the enactment of the frustrating legislation. The subsequent legislation cannot retroactively excuse the breach. The damages claimed by the respondent, being the difference in rent and loss of subletting income, are the direct and natural result of the breach and were within th…
Source excerpt
- Breach Of Contract
- Frustration Of Contract
- Remoteness Of Damages
- Mitigation Of Damages