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Impossability
A change in circumstances may render a contract impossible to perform. This could be due to a change in external circumstances of which there are two types.
Rei interitus and constructive total destruction. Super impossibility may also arise as a consequence of a change in person circumstances.
Rei Interitus
Rei interitus occurs when something essential to the contract is destroyed. The destruction must not be the fault of either party involved in the contract.
Example :Taylor V Caldwell (1863)3 B ) S826
A music hall, which was booked for a series of concerts burned down before the first concert. The fire was not the fault of the hall owner. It was held that the contract was brought to an end by frustration.
Constructive Total Destruction
Constructive total destruction occurs when something essential to the contract, though not totally destroyed, but is badly enough damaged as to be unfit for the purpose of the contract 1London and Edinburgh Shipping Company V. The Admirality 1920 SC. 309. Les than total destruction is sufficient to frustrate the contract. There may also be constructive total destruction where something essential to the contract becomes unavailable. Mackeson V. Boyd 1942 S.C. 56
A Change in Personal Circumstances
A change in personal circumstances is possible when the contract depends upon personal skills of an individual. The change in circumstances may be due to death, illness, bankruptcy or insanity and may aggravate the contract. A delectus personae must be present before frustration can result.
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