CAP. 25]
[s. 8 cont.]
Provision as to the application of this Ordinance.
Law Reform (Frustrated Contracts).
regard to all the circumstances of the case and, in particular-
(a) the amount of any expenses incurred before the time of discharge by the benefited party in, or for the purpose of, the performance of the contract, including any sums paid or payable by him to any other party in pursuance of the contract and retained or recoverable by that party under the last foregoing subsection; and
(b) the effect, in relation to the said benefit, of the circumstances giving rise to the frustration of the contract.
(4) In estimating, for the purposes of the foregoing provisions of this section, the amount of any expenses incurred by any party to the contract, the court may, without prejudice to the generality of the said provisions, include such sum as appears to be reasonable in respect of overhead expenses and in respect of any work or services performed personally by the said party.
(5) In considering whether any sum ought to be recovered or retained under the foregoing provisions of this section by any party to the contract, the court shall not take into account any sums which have, by reason of the circumstances giving rise to the frustration of the contract, become payable to that party under any contract of insurance unless there was an obligation to insure imposed by an express term of the frustrated contract or by or under any enactment.
(6) Where any person has assumed obligations under the contract in consideration of the conferring of a benefit by any other party to the contract upon any other person, whether a party to the contract or not, the court may, if in all the circumstances of the case it considers it just to do so, treat for the purposes of subsection (3) of this section any benefit so conferred as a benefit obtained by the person who has assumed the obligations as aforesaid.
4. (1) This Ordinance shall, save as is hereinafter provided, apply to contracts whether made before or after the commencement of this Ordinance, as respects which the time of discharge is on or after the 8th day of December, 1941, but not to contracts as respects which the time of discharge is before the said date.
Page 430
CAP. 25]
[s, 8 cont.]
Provision as to the application of this
Ordinance.
Law Reform (Frustrated Contracts).
regard to all the circumstances of the case and, in parti-
cular-
(a) the amount of any expenses incurred before the time of discharge by the benefited party in, or for the purpose of, the performance of the contract, including any sums paid or payable by him to any other party in pursuance of the contract and retained or recoverable by that party under the last foregoing subsection; and
(b) the effect, in relation to the said benefit, of the circumstances giving rise to the frustration of the contract.
(4) In estimating, for the purposes of the foregoing provisions of this section, the amount of any expenses incurred by any party to the contract, the court may, without prejudice to the generality of the said provisions, include such sum as appears to be reasonable in respect of overhead expenses and in respect of any work or services performed personally by the said party.
(5) In considering whether any sum ought to be re- covered or retained under the foregoing provisions of this section by any party to the contract, the court shall not take into account any sums which have, by reason of the circum- stances giving rise to the frustration of the contract, become payable to that party under any contract of insurance unless there was an obligation to insure imposed by an express term of the frustrated contract or by or under any enactment. (6) Where any person has assumed obligations under the contract in consideration of the conferring of a benefit by any other party to the contract upon any other person, whether a party to the contract or not, the court may, if in all the circumstances of the case it considers it just to do so, treat for the purposes of subsection (3) of this section any benefit so conferred as a benefit obtained by the person who has assumed the obligations as aforesaid.
4. (1) This Ordinance shall save as is hereinafter provided apply to contracts whether made before or after the commencement of this Ordinance, as respects which the time of discharge is on or after the 8th day of December, 1941, but not to contracts as respects which the time of discharge is before the said date.
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430
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