Due to the Covid 19 pandemic, parties are struggling to perform their contractual obligations. Ordinarily these obligations can be enforced. However, if performance becomes impossible, the contract can become frustrated. The following criteria must apply to frustrate a contract:
- There must be a supervening event;
- The supervening event must radically change the nature of the obligations that the parties anticipated at the time the contract was made;
- It is unjust to expect the parties to perform the obligations;
- There is no default by either party;
- The frustration is not self-induced; and
- The contract makes no sufficient provision for the event.
We take an urgent look at the COVID-19 impact on immigration for UK visa holders in the UK and access to the NHS.