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(p. 285) 7. Frustration 

(p. 285) 7. Frustration
(p. 285) 7. Frustration

Mindy Chen-Wishart

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date: 27 February 2020

The doctrine of frustration excuses parties from further contractual performance when unforeseen events, subsequent to contract formation, make performance illegal, impossible or radically different from the obligations the parties undertook at formation. Any obligations accruing before the frustrating event remain binding, but neither party can be sued for failure to perform outstanding obligations (they are extinguished). This chapter addresses the following questions: (1) What is the relationship between the doctrines of frustration and of mistake? (2) What is the justification for the frustration doctrine? (3) What must be proved to frustrate a contract? (4) What is the effect of frustration? (5) Is the current law on frustration satisfactory? If not, how might it be developed?

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