NSWIn ForceAct
Frustrated Contracts Act 1978
7Promise not performed
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#### 7 Promise not performed
7 Promise not performed
> > (1) Where a promise under a frustrated contract was due to be, but was not, performed before the time of frustration, the promise is discharged except to the extent necessary to support a claim for damages for breach of the promise before the time of frustration.
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> > (2) Subsection (1) does not affect a promise due for performance before frustration which would not have been discharged by the frustration if it had been due for performance after the time of frustration.