Davis Contractors v Fareham UDC [1956]

Defendant entered contract with council to build house.
Due to shortage of labour and materials Defendant incurred
additional expense and contract delayed.
Defendant claimed contract frustrated and they were
entitled to sum in excess of contract price on quantum meruit basis.
House of Lords held no frustration.
Mere fact circumstances had delayed performance and
rendered it more onerous to Defendant did not discharge contract.
Shortage of labour and materials could have been
foreseen and made subject of special contractual provision.
For frustration a situation must arise which renders
performance of contract a thing radically different from that which was
undertaken.
Here thing undertaken was not, when performed,
different from that contracted for.