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How are the rights of the parties adjusted following frustration of their contract?

How are the rights of the parties adjusted following frustration of their contract?

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Maurice
Under the provisions of the Law Reform (Frustrated Contracts) Act, 1943, when a
contract is frustrated the rights of parties are adjusted as follows:
(i) The contract is terminated.

(ii) Any money paid is recoverable.

(iii) Money paid ceases to be payable.

(iv) If a party has suffered loss as a result of performance, the court may order the other
party to pay a sum of money for the loss.

(v) If a party has derived a benefit other than financial, the court may order such party to
pay to the other a sum of money which must be less than the benefit so derived.
maurice.mutuku answered the question on May 2, 2018 at 05:52

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