11 Termination

11.01 Where the delay has been sufficiently serious, the promisee may seek, in broad terms, to ‘terminate the contract’ or to treat it as at an end. This situation is categorised in different ways depending on whether the promisor was legally responsible for the delay. If the delay was the fault of the promisor, it is a case of discharge by breach.1 If not, it is a case of discharge by frustration.2 Of course, frustration is not, strictly speaking, a remedy at all; unlike discharge by breach and the other remedies we have been considering, it does not involve any...