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CHAPTER 7 Frustration

Remedies in Construction Law

Page 69




7.1 Chapter 5 discussed the circumstances in which the common law would allow recovery of payment for work done upon a quantum meruit. At common law a quantum meruit could also be recoverable where a partly executed contract for building works failed because of frustration or impossibility.1 In English law the consequences of frustration, if not anticipated and dealt with by contract, are now regulated by the Law Reform (Frustrated Contracts) Act 1943.

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