The interpretation of the law on frustrated contracts in the British and Zambian legal system

This dissertation basically considers the interpretation of the law on frustrated contracts in the British and Zambian legal systems, focusing primarily on how the Zambian Legal system can improve its law on frustrated contracts as well as its application and interpretation without heavy reliance on the law on frustrated contracts in the British legal system. The dissertation starts by outlining the doctrine of frustrated contracts. It has outlined the basis of this doctrine, the operation and the effect of the doctrine of frustration in general. The dissertation further discusses the development of the doctrine of the law on frustrated contracts by examining the common law position on frustration. It has also discussed the development of the Act on frustrated contracts in the British and Zambian legal system. The study has further discussed the salient provisions of the Law Reform (Frustrated contracts) Act of 1943, chapter 40 British Statute and the salient provisions of the Law Reform (Frustrated contracts) Act of 1964, chapter 73 of the laws of Zambia as well as the effectiveness of the two Acts and how they have evolved. The study goes on to analyze the judicial interpretation of the law on frustrated contracts in both jurisdictions and points out the difficulties that the courts in both jurisdictions are faced with in the interpretation of these statutes.The dissertation through research and analysis found that the act on Frustrated Contracts in the Zambian legal system is stagnant and lags behind in terms of interpretation. The study reveals that the Act on frustrated contracts in the Zambian jurisdiction has not undergone any changes since its enactment in 1964 and also reveals the lack of detail in the decisions of the Zambian courts as they interpret the law on frustrated contracts and how this lack of detail and careful analysis of the Act has further led to the stagnation of the Act on Frustrated contracts in Zambia.

Author dc:creator

• Kasompe, Bernadette Mukate

• Contracts - Zambia
• Discharge of Contracts

Language dc:language.iso

en

Repository record dc:identifier.uri

http://dspace.unza.zm/handle/123456789/2252

OAI identifier oai:identifier

oai:dspace.unza.zm:123456789/2252