Frustration of contract?

[rachelnavaro]

I have a ten year contract as skipper of a privte yacht. The employment contract was made between me and the owner directly, signed by both parties and witnessed by an independent person. My employer gave a standard contract but added a paragraph to say in the event of his death my contract should remain valid and if that was not possible my salary was to be paid (in line with inflation) for the remainder of the contractual duration. Sadly my dear employer has passed away and I have been told that the contract will no longer be valid due to 'Frustration of Contract'. Although I understand this legal situation would the additional request/bequest validate the employment contract despite 'Frustration of Contract'? Thanks to anyone who may be able to help me.

[Solad2b]

As you understand the principle of frustration, perhaps you should look into the possibility of a claim of "Restitution of unjust enrichment" as a remedy for frustration against the estate of your employer or owner of the vessel.

[rachelnavaro]

Does this mean that I will in effect be saying to the beneficiaries of my deceased employer that they will be benefitting financially by not honouring the terms of the contract, and therefore by using 'restitution of unjust enrichment' make a claim against the estate?

[Solad2b]

You provided a service, I.e. To be a skipper upon the understanding that you will be paid pursuant to the contract, including in the event of your employers death. As your contract has been discharged for frustration your former employers' estate has benefited "unjustly" (by not having to pay you in line with the contract) and it is that enrichment that you are entitled to claim, You could also claim interest (compounded), called "the time value of money", costs should be sought too.