Mistake and frustration

Frustration of Contract Law UK

Mistakes and frustration in contract law involve circumstances which make a contract unworkable.

Mistakes in the drafting of a contract can be one cause of a dispute or claim – and frustration can occur when circumstances change after the contract is signed, which make the contract unworkable or unenforceable.

A contract may become unworkable if the change in circumstances radically alters what was originally agreed or intended in the contract – for example, if changes at work alter an employee’s obligations under an employment contract.

Although neither party to a contract may be responsible for a contract becoming unworkable or incapable of being performed, it may still be possible to claim if losses are incurred as a result.

However, contract law is extremely complex and it is necessary to take legal advice as soon as possible if it becomes evident that mistakes have occurred in the drafting of a contract which have led to loss – or a contract is not workable because of a change in circumstance after the contract was signed.

Some mistakes in contracts may render the contract void – with any of the parties being able to terminate the contract.

In some cases a “common” mistake may occur – that is, a mistake which is fundamental to the agreement between the parties to the contract. In other cases, a mutual mistake might occur – where the parties have misunderstood each other’s purpose in the contract’s terms and are at cross purposes.

Unilateral mistakes may also occur in contracts – where one party has mistaken the purpose of the other party’s intentions in the contract.

Duncan Lewis litigation solicitors can advise at any stage of a contract law dispute or claim, including mistake and frustration in contracts covering all areas of law, such as commercial law, employment law, property law, family law, mental health law, healthcare services and the financial services sector.

Our litigation department can call on in house experts to advise on mistake and frustration in contracts, including legal advice on:

Common mistake in –

• Equity
• Existence of subject matter
• Possibility of performing contract
• Quality
• Title

Mutual mistake in–

• Equity
• Identity of subject

Unilateral mistake in –

• Equity
• Terms of a contract.

Whether a contract can be deemed void or valid, our litigation solicitors will advise on the best way forward for a client, including possible remedies and quantifying damages in claims for mistake or frustration.

Duncan Lewis litigation solicitors also have a formidable reputation for defending claims in cases for mistake or frustration.

For expert legal advice on contract law and Claims for Mistake and Frustration, call Duncan Lewis Litigation Solicitors on 0333 772 0409.