Maritime National Fish Ltd v Ocean Trawlers Ltd [1935] AC 524
Contract; performance; frustration; fault.
Facts: Maritime National chartered the St Cuthbert, a trawler, from Ocean Trawlers. To use the trawler for fishing, as was intended, it had to be licensed, but the government issued only three licences to Maritime National, and that company had five boats needing licences. Maritime National allocated licences to three of their other boats, and asked Ocean Trawlers to take back the St Cuthbert, claiming the contract had been frustrated by the lack of a licence.
Issue: Did the unavailability of a licence for the St Cuthbert frustrate the contract?
Decision: The plaintiff was not entitled to rely on frustration in these circumstances.
Reason: It was Maritime National's own decision not to allocate one of their available licences to the St Cuthbert. In seeking to avoid the contract, Maritime National was not entitled to rely on a situation they had deliberately brought about. For frustration to discharge the contract, the changed situation must arise without any fault or deliberate act by the party who is seeking relief.