Be Wise › Contract glossary › Frustration
Frustration
A contract is frustrated when an unforeseen event makes performance impossible or radically different from what was agreed, through no fault of either party. The contract then ends automatically.
In more detail
The doctrine is applied narrowly, which is why well-drafted contracts include a force majeure clause.
In Scotland
Scots law has an equivalent doctrine of frustration; the Law Reform (Frustrated Contracts) Act 1943 does not apply in Scotland, where the consequences are governed by common-law rules of unjustified enrichment.
Put it into a contract
Be Contract Wise provides very powerful, carefully prepared tools to draft and review simple or complex contracts under the law of England and Wales or Scots law, explaining every clause in plain English.
England & Wales appScotland appReviewed 2026-09-24. General legal information, not legal advice.