Section 8Part 2 — Frustrated Contracts
Exception of insurance receipts in certain cases
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In considering any sums which ought to be recovered or retained under section 5 or 6 by any party to the contract, the court shall not take into account any sums which have, by reason of the circumstances giving rise to the frustration of the contract, become payable to that party under any contract of insurance unless there was an obligation to insure imposed by an express term of the frustrated contract or by any other enactment.
Cross References
- Section 5 of Contracts Act
sums which ought to be recovered or retained under section 5 or 6
- Section 6 of Contracts Act
sums which ought to be recovered or retained under section 5 or 6
Referenced By
- Section 12 — Exception of certain classes of contract
save as is provided by section 8