A contract is determined to be frustrated for impossibility if it is no longer possible for either party to perform their obligations for reasons outside their control.
In contracts involving a personal element, such as employment contracts, will be terminated upon the death of a contracting party. If there is no personal element, the obligation under the contract may be enforced upon the person’s legal representative
There have been situations where the promisor is incapacitated, in instances of a contract involving personal services, where the incapacity has been found to be a frustrating event due to it being over an unreasonable period of time.
Simmons Ltd v Hay (1964) is an example of this, where the contract was discharged by frustration due to a member of staff who had become permanently incapacitated by sickness.
See Taylor v Caldwell