When is a contract 'frustrated'

[countryman]

If a seller uses a carrier to deliver an item and the carrier loses it, can it be said that the contract between the buyer and seller is frustrated?

My understanding is that frustration can only apply where neither party is at fault. Therefore where one party has chosen to take a particular course of action and this makes performance of the contract impossible, that party cannot then rely on the doctrine of frustration to escape his or her obligations under the contract.

So if the seller chooses to use a carrier rather than rely on their own transport, for example, then the contract cannot be deemed to be frustrated if the carrier subsequently loses the item.

Is my understanding correct?

[Guest]

Re: When is a contract 'frustrated'

A carrier losing an item is hardly unforeseeable, thus the issue here is about mistake, not impossibility. The fault of either party is not relevant.

Furthermore, the seller would usually include a force majeure clause, in particular because carriers are known to lose items.

Is this the best Argos can do?

[countryman]

Re: When is a contract 'frustrated'

Are force majeure clauses valid?

[Guest]

Re: When is a contract 'frustrated'

Why are you entertaining this?

Have you issued your claim for loss of bargain against Argos?

[countryman]

Re: When is a contract 'frustrated'

I will be. Just wanted some reassurance.