ICANBusiness LawLaw of Contract: Vitiating Factors and Discharge2022

Which of the following circumstances will NOT operate to discharge a contract under the doctrine of frustration under the Nigerian Law of Contract?

AA subsequent change in law making the performance of the contract illegal
BThe destruction of the specific subject matter indispensable to the fulfillment of the contract
CAn unexpected steep rise in operating costs making the contract commercially unprofitableCORRECT
DThe death of a party whose personal skill and performance are fundamental to the contract
AI
Toaster Teacher
Why the answer is C, and why the others tempt you.
Under the Nigerian Law of Contract, frustration occurs when an unforeseen, intervening event makes performance impossible, illegal, or radically different from what was originally undertaken. Mere commercial hardship, unexpected price increases, or unprofitability do not amount to frustration, as affirmed in the landmark principle of Davis Contractors Ltd v Fareham UDC.
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