2023 Contract Law Question 3 — LawShortcut Independent Model Answer
Melissa's hand injury stops her painting right-handed for a gallery commission she is contractually bound to deliver. She can paint left-handed but fears for her reputation. A 25-mark question on whether personal incapacity of that kind frustrates a contract, or is merely a reason the promisor would rather not perform.
Scenario summary
Melissa is a painter with an established following. She entered an enforceable contract with Woke Galleries to create a series of paintings for a forthcoming exhibition.
An unforeseen accident then left her with a severe hand injury: she can no longer hold a paintbrush in her right hand, and all her artwork to date was painted with that hand.
She is not, however, without a hand to paint with. Melissa writes with her left hand and can paint with it; what she has never done is display anything painted left-handed. Critics attribute to her work an ‘edgy look’ for which she is renowned, and she believes showing left-handed work would damage her artistic reputation.
On that footing she says she will not complete the paintings, and that the accident has frustrated the contract.
Candidates are asked to advise Melissa whether she has a defence under the law of contract.
This is a LawShortcut scenario summary written in our own words. For the exact examined wording, use the official King’s Inns paper linked above.
What this model answer covers
Issues and structure addressed in the full LawShortcut model answer:
- Reading the Question
- Issue 1 — The doctrine of frustration and its high threshold
- Issue 2 — A personal-service contract can be frustrated by incapacity
- Issue 3 — Performance is more difficult, not impossible or radically different
- Issue 4 — Her refusal is self-induced
- Overall advice to Melissa
- Where the 25 marks live
- Authorities relied on
- The reusable answer structure
- Common ways to lose marks
Read the complete LawShortcut model answer to this question — reading the question, issue spotting, the applicable law, application to the facts and conclusions — inside the King’s Inns Contract Law Model Answer Vault.
Part of the King’s Inns Contract Law Model Answer Vault — 30 independently authored model answers, 2020—2025.
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