Davis Contractors Ltd v Fareham Urban District Council [1956] UKHL 3 is an English contract law case concerned with the alleged frustration of an agreement.
Lord Reid referred to the "artificiality" involved in saying that frustration was an implied term, because people do not anticipate unforeseeable events.
It was not this that I promised to do.Another argument which failed was that an express term was incorporated that the agreed price was binding only if there were in fact adequate supplies of labour and materials.
Viscount Simonds noted that the contractors' initial proposal had included a statement to this effect but that subsequent negotiations and the resulting formal agreement did not retain this wording.
[4] Lord Radcliffe's test was approved by the High Court of Australia in Codelfa Construction Pty Ltd v State Rail Authority of NSW.