of the contract of the parties, has been frustrated by
the restraint so as to bring into operation the further
principle of supervening impossibility excusing the
further performance of the contract. It is proposed
therefore to discuss shortly the doctrine of " frustra-
tion." A definition of it has been given in a present
war decision by Bailhache J. in these words : —

" The commercial frustration of an adventure by
delay means, as I understand it, the happening of
some unforeseen delay without the fault of either
party to a contract of such a character as that by it
the fulfilment of the contract in the only way in which
fulfilment is contemplated and practicable is so in-
ordinately postponed that its fulfilment when the
delay is over will not accomplish the only object or
objects which both parties to the contract must have
known that each of them had in view at the time
they made the contract, and for the accomplishment of
which object Or objects the contract was made."

This definition was accepted by Lord Justice Bankes
in appeal when he observed : —

" It appears to me to be entirely in accordance with
the previous decisions upon the point." [Admiral
Shipping Co. v. Weidner, Hopkins & Co., 1917, 1 K.B.
