Can I get out of AST?

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    #16
    now now, lawstudent, mjpl is simply engaging in the debate. Toys need to kept in the pram.

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      #17
      sorry daza - i'll get nanny to pick them up for me
      Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

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        #18
        I think lawstudent is correct on this one. As for frustration, I cannot see how an argument that the contract has been frustrated could hope to succeed.

        The doctrine of frustration can only apply where due to a change in circumtsances the contract is rendered impossible to perform, or when its whole purpose is lost becuase of an event not due to the act or default of either party. The doctrine is not invoked lightly by the courts and is used in very narrow circumstances.

        Frustration is sometimes confused with initial impossibility, which may render a contract void ab initio, but again that cannot apply in these circumstances.

        I'd agree with everything else Paul has said though.
        NOTE: Steven Palmer BSc (Hons) MRICS MBEng is an official LandlordZONE Topic Expert and a Director of Davisons Palmer Lim Any advice given by Steven in this Forum is of a general nature only and should not be acted upon without first obtaining advice specific to your problem/situation from a professional.

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