Where the supervening circumstances have so changed by the time of performance of a promise, that to compel the parties to perform the promise under conditions so altered, would require them o do something, which in fact they had never agreed to do. This is called the frustration of contract.
The doctrine of frustration arises from the coming into existence of facts not within the contemplation of the parties, beyond the control of parties.
The four instances where this doctrine is applied are:
a)Impossibility created by change of law: A contract is discharged when its performance becomes impossible on account of a change of law. Persons generally contract on the basis of the law existing at the time of the contract.
b)Frustration by delay: The commercial frustration of adventure by delay means the happening of some unforeseen delay, without the fault of either party to a contract.
c)Destruction of subject matter of the contract: A contract is discharged if a specific thing that is essential to the performance of the contract is destroyed.
d)Non-existence or non-occurrence of a state of things that form the basis of the contract: If a state of things on the basis of which a contract was made does not exist, the contract is discharged.
Death or serious illness of promisor in a contract for personal service.
What is Doctrine of Frustration?
Certificate of Origin
The doctrine of frustration arises from the coming into existence of facts not within the contemplation of the parties, beyond the control of parties.
The four instances where this doctrine is applied are:
a)Impossibility created by change of law: A contract is discharged when its performance becomes impossible on account of a change of law. Persons generally contract on the basis of the law existing at the time of the contract.
b)Frustration by delay: The commercial frustration of adventure by delay means the happening of some unforeseen delay, without the fault of either party to a contract.
c)Destruction of subject matter of the contract: A contract is discharged if a specific thing that is essential to the performance of the contract is destroyed.
d)Non-existence or non-occurrence of a state of things that form the basis of the contract: If a state of things on the basis of which a contract was made does not exist, the contract is discharged.
Death or serious illness of promisor in a contract for personal service.
What is Doctrine of Frustration?
Certificate of Origin
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What is Doctrine of Frustration?
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