正在編輯用戶:Hinnia/Frustration （章節）

=== Section 1(2): Adjustment of Money Payments ===

* Rule: All sums paid before discharge are recoverable, and all sums payable cease to be payable.
* Proviso (The "Expenses" Exception):
** Court may allow a party who incurred expenses in performing the contract to retain or recover all or part of the sums paid/payable
*** Up to the amount of expenses incurred.
* Test for Applying the Proviso (from Gamerco): The party claiming expenses must show:
** They incurred expenses (paid or payable).
** They did so before the time of discharge.
** The expenses were incurred in, or for the purpose of, performing the contract.
** It is just in all the circumstances to allow retention/recovery.
* Case: Gamerco S.A. v I.C.M./Fair Warning (Agency) Ltd [1995] 1 WLR 1226
** Facts: Concert contract frustrated. Promoter (P) had paid $412,500 to artist's agent (D). Both sides had incurred expenses.
** Holding: P entitled to full recovery of the prepayment. D failed to satisfy the test of justice
*** Expenses were not a sufficient reason to allow retention in the circumstances.