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By Edward Benson (auth.)

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Stated clearly that the imprisonment frustrated the contract. , while ostensibly agreeing with Lord Denning, said the contract came to an end because the imprisonment made it impossible to continue the employment. In a sense, this amounted to saying the contract was frustrated, as it echoed the definition of frustration given by the House of Lords in Davis Contractors Ltd. v. Fareham UDC (above, p. 40). Despite Hare v. Murphy Bros Ltd, tribunals still sometimes doubt whether imprisonment can ever frustrate a contract.

Charman [1981) IRLR 437) rather than the date notice would have expired; though for certain purposes the statutory minimum notice period should be added on- (see page 18). This is different from the case where the employer dismisses with notice, but does not require the employee to work during the notice period. The relevant date in such a case is the expiry of the notice. Sometimes it is difficult to distinguish the two situations- after all, the practical effect is more or less the same. The use of the words 'pay in lieu of notice' strongly suggests that dismissal is to take effect immediately.

Murphy Bros Ltd ([1974] IRLR 342), the Court of Appeal held that an employment contract was frustrated by a term of imprisonment of 12 months for unlawful wounding. The judgment was controversial not only because many doubted whether imprisonment was a frustrating event at all, but also because the three judges explained their conclusions in slightly different ways. R. stated clearly that the imprisonment frustrated the contract. , while ostensibly agreeing with Lord Denning, said the contract came to an end because the imprisonment made it impossible to continue the employment.

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