Frustration

Richard F Devlin

Frustration

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Abstract

As noted elsewhere in this book, "sanctity of contract" has been identified as one of the cornerstones of the classical model of contracts. However, as the previous chapter on mistake indicated, in certain limited situations parties may be excused from their contractual obligations. Frustration provides another example of an excuse from performance obligations. Whereas mistake deals with inaccurate assumptions or lack of knowledge about past or existing circumstances, frustration relates to inaccurate assumptions about future circumstances. Sometimes it is not clear whether a mistake or a frustration analysis is appropriate.

Original language	Canadian English
Title of host publication	Frustration
Publication status	Published - Jan. 1 1999

Keywords

excuse from performance obligations
doctrine of mistake
sanctity of contract

Disciplines

Contracts

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FrustrationFinal published version, 5.55 MBLicence: Unspecified

Cite this

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N2 - As noted elsewhere in this book, "sanctity of contract" has been identified as one of the cornerstones of the classical model of contracts. However, as the previous chapter on mistake indicated, in certain limited situations parties may be excused from their contractual obligations. Frustration provides another example of an excuse from performance obligations. Whereas mistake deals with inaccurate assumptions or lack of knowledge about past or existing circumstances, frustration relates to inaccurate assumptions about future circumstances. Sometimes it is not clear whether a mistake or a frustration analysis is appropriate.

AB - As noted elsewhere in this book, "sanctity of contract" has been identified as one of the cornerstones of the classical model of contracts. However, as the previous chapter on mistake indicated, in certain limited situations parties may be excused from their contractual obligations. Frustration provides another example of an excuse from performance obligations. Whereas mistake deals with inaccurate assumptions or lack of knowledge about past or existing circumstances, frustration relates to inaccurate assumptions about future circumstances. Sometimes it is not clear whether a mistake or a frustration analysis is appropriate.

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KW - doctrine of mistake

KW - sanctity of contract

UR - https://digitalcommons.schulichlaw.dal.ca/scholarly_works/477

M3 - Chapter

BT - Frustration

ER -

Frustration

Abstract

Keywords

Disciplines

Access to Document

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