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Peter Cassidy Seed Co Ltd v Osuustukkuk-Auppa Ltd [1957] 1 WLR 273

The claimant, an English company, purchased some ants eggs from the defendant in Finland. The ants eggs required an export licence. The after agreeing to the sale, the defendant was refused the licence. The claimant brought an action for breach of contract. The defendant argued the contract was frustrated so they were not liable for breach.

Held:

The defendant should have foreseen the possibility of the licence being refused and therefore the contract was not frustrated.

Back to lecture outline on Frustrated contracts