Frustration: Navigating the Bramble Bush

Swaminathan, Shivprasad (2022) Frustration: Navigating the Bramble Bush. Liverpool Law Review, 43 (3). pp. 501-515. ISSN 0144932X

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The law of frustration is tantalizingly simple when it comes to stating it, but incredibly hard when it comes to applying. One would be getting the wrong end of the stick if one were to treat various judicial statements surrounding the doctrine as axioms to be applied in a rule-like manner. Doing so would wrongly lead to a disproportionately large number of ‘false positives’. The purpose of this article is two-fold. First, it seeks to give heuristic short-cuts to anticipate a common law judge’s approach to a frustration case which is poorly captured in definitions and formulae. It seeks to do so by focussing on the ‘tacit knowledge’ used by lawyers. Second, it seeks to get to the heart of why frustration claims are so rarely successful by elucidating its doctrinal underpinnings

Item Type: Article
Keywords: Bramble Bush | Law
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 18 May 2022 06:31
Last Modified: 22 Feb 2023 09:02
Official URL:


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