Mobil Sales & Supply Corp. v Transoil (Jersey) Ltd. [1981] JLR 143 (17 December 1981)
A contract is not frustrated merely because performance becomes more onerous; it is only frustrated if performance is impossible. If the contracted quality of goods is unavailable, the seller must supply available goods of suitable or higher quality if no alternative exists.
- Citation
- [1981] JLR 143
- Parties
- Claimant: Mobil Sales & Supply Corp.; Defendant: Transoil (Jersey) Ltd.
- Jurisdiction
- Jersey
- Judgment Date
- 17 December 1981
- Procedural Posture
- Contract Dispute / Judgment
- Outcome
- contract not frustrated
- Legal Topics
- Frustration of Contract, Alternative Performance, Quality of Goods
Case Brief
Summary, issues, holding and outcome
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Parties
Mobil Sales & Supply Corp.
Claimant
Transoil (Jersey) Ltd.
Defendant
Procedural Posture
Contract Dispute / Judgment
Legal Issues
- 1 Whether a contract is frustrated if the contracted performance becomes more onerous but not impossible
- 2 Whether a seller must supply available goods of suitable or higher quality if the contracted quality is unavailable
Ratio Decidendi
A contract is not frustrated merely because performance becomes more onerous; it is only frustrated if performance is impossible. If the contracted quality of goods is unavailable, the seller must supply available goods of suitable or higher quality if no alternative exists.
Court Disposition
contract not frustrated
Full Case Text
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