Gamerco SA v ICM / Fair Warning (Agency) Ltd [1995] 1 WLR 1226

Court: High Court

Facts: Gamerco was forced to cancel a Guns N’ Roses concert due to safety concerns with the venue. They sought the return of advance payments, arguing the contract was frustrated.

Issue: Was the contract frustrated by the venue's unavailability, and could the promoters recover their advance payments?

Held: The court ruled in favor of Gamerco, finding that the contract was frustrated due to the venue's cancellation, allowing the recovery of advance payments under the Law Reform (Frustrated Contracts) Act 1943.

Key Judicial Statement: The judgment confirmed that frustration occurs when unforeseen events make contractual performance impossible, entitling the parties to relief under the Frustrated Contracts Act.

💡 LevelUpLaw: Frustration occurs when an external event renders a contract impossible to perform. In such cases, parties may recover advance payments under the Law Reform (Frustrated Contracts) Act 1943.