Current Contractual Issues: Frustration in the Age of COVID-19

This paper will present a basic overview of the doctrine of frustration in New Zealand. It will explore New Zealand and English case law to show how the courts may react to a claim that a contract has been frustrated and what factors are relevant for determining if the contract has indeed been frustrated. The paper will show that while there a number of factors that will be considered by the courts, the element of risk-allocation within the contract itself is of especial importance and is the most useful the starting point for any analysis.