Section 16
Provisions as to application of section 15
Section 15 shall apply to contracts whether made before or after the coming into force of this Act.
(2)
Section 15 shall apply to contracts to which the Government is a party in like manner as to contracts between subjects.
(3)
Where any contract to which section 15 applies contains any provisions which, upon the true construction of the contract, is intended to have effect in the event of circumstances arising which operate, or would but for the said provision operate, to frustrate the
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contract, or is intended to have effect whether those circumstances arise or not, the Court shall give effect to the said provision and shall only give effect to section 15 to such extent, if any, as appears to the
Court to be consistent with the said provision.
(4)
Where it appears to the Court that a part of any contract to which section 15 applies can properly be severed from the remainder of the contract, being a part wholly performed before the time of discharge, or so performed except for the payment in respect of that part of the contract of sums which are or can be ascertained under the contract, the Court shall treat that part of the contract as if it were a separate contract and had not been frustrated and shall treat section 15
as only applicable to the remainder of that contract.
(5)
Section 15 shall not apply—
(a)
to any charter party, except a time charter party or a charter party by way of demise, or to any contract (other than a charter party) or the corresponding provisions of any written law for the carriage of goods by sea;
(b)
to any contract of insurance, save as is provided by subsection (5) thereof; or
(c)
to any contract to which section 7 of the Sale of Goods
Act 1893 of the United Kingdom [56 and 57 Vict.c.71]
(which avoids contracts for the sale of specific goods which perish before the risk has passed to the buyer) or the corresponding provisions of any written law applies, or to any other contract for the sale, or for the sale and delivery, of specific goods, where the contract is frustrated by reason of the fact that the goods have perished.
PART VIA
APPORTIONMENT
Interpretation