... resting with the courts in deciding when an event is sufficiently frustrating to justify judicial interference and the setting aside of a contract. 1 According to Furmston,2 there have been no fewer than five theories advanced over the years in an attempt to clarify and tidy this area up; however, it can be argued there is still some way to go. It is necessary to trace the development of Frustration as a doctrine in order to understand the complexities of its application today. Richards3 contends that during the C19th, freedom of contract and equality of bargaining power were very much in vogue, such that the courts were very reluctant to imply terms, and would only do so where the gravity for their failure to intervene would produce serious consequences. Historically, court intervention in contracts was used as a last resort and the stance taken was the doctrine of absolute contracts.4 ...

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