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FRUSTRATED CONTRACTS ACT 1978 - SECT 7 Promise not performed

FRUSTRATED CONTRACTS ACT 1978 - SECT 7

Promise not performed

7 Promise not performed

(1) Where a promise under a frustrated contract was due to be, but was not, performed before the time of frustration, the promise is discharged except to the extent necessary to support a claim for damages for breach of the promise before the time of frustration.
(2) Subsection (1) does not affect a promise due for performance before frustration which would not have been discharged by the frustration if it had been due for performance after the time of frustration.