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If the breach was due to illness of one party, will the breacing party still be found liable?
Highly unlikely – the Courts would most probably accept the illness as an event that frustrates the contract
So under the Frustrated Contracts Act, any money paid by either party to the other before the illness frustrated the contract will become immediately repayable but either party may withhold reasonable expenses
So this means that due to illness the contract is discharged but the aggrieved party cannot ask for damages?
Not damages … but may claim reasonable expenses
It would probably have to be a significant illness rather than just, say, a bout of hiccoughs
If it were an illness that didn’t go to the root of the contract then the case of Bettini v Gye would apply but one that did go to the root is illustrated by Poussard v Spiers & Pond
OK?
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