The English Law Doctrine of Frustration in the Context of the COVD-19 Pandemic

Abstract

This paper examines the extent to which the onslaught of the COVID-19 pandemic has affected the formation and execution of contracts in the United Kingdom. Using the English Law doctrine of frustration, it assesses how far foreseeability plays a role in determining whether contracts are frustrated. It examines concepts such as illegality, impossibility and frustration of purpose as well as case law to see what arguments can be used to support or deny liability for contractual terms. It argues that in many ways, frustration is narrowly constructed. The COVID- 19 pandemic and its aftermath, however, will encourage more creativity as legal systems revisit their provisions to accommodate the changing dynamics of the international system. English law, frustration, foreseeability, illegality, impossibility, frustration of purpose, COVID-19