Abstract
Government regulations and legislations promulgated in attempts to combat the spread of Covid-19 utterly changed life in the United Kingdom for a period of around two years. These promulgations were entirely unforeseen and unexpected and provided wide ranging disruptions to human endeavours. As we continue to resolve the many legacies of Covid-19, it is startling that there seems to be so little litigation concerned with frustrated contracts. Undoubtedly, a major reason underlying this lack of litigation is that contractual frustration is, well, frustrating to apply and best avoided. In one sense this condition is rather surprising given that the doctrine is a late entrant to English contract law. This surprise is, however, removed when one considers how this legal change came about. This paper examines the legal history of contractual frustration from its inception in 1863 in Taylor v Caldwell until 1926 with in Hirji Mulji v Cheong Yu Steampship Company. This historical examination reveals why the doctrine of frustration is, well, so frustrating and provides insight into how to remove the frustration from frustration.

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