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A Critical Analysis Of The Doctrine Of Frustration And Its Application When Unforeseen Events Render A Contract Impossible To Perform
- Editor(s):
- Nyaay Shastra (see profile)
- Date:
- 2023
- Item Type:
- Article
- Permanent URL:
- https://doi.org/10.17613/x1v9-4258
- Abstract:
- This paper provides a comprehensive analysis of the doctrine of frustration and its application when unforeseen events render contracts impossible to perform. It explores the historical development of the doctrine, its underlying principles, and relevant legal precedents that have shaped its interpretation. The essential elements and criteria for establishing frustration are examined, along with their significance in determining the doctrine's applicability. Real-life case studies, including the COVID-19 pandemic and event cancellations, are analysed to illustrate the practical application of frustration. The paper also critiques the doctrine, highlighting its strengths, limitations, potential ambiguities, and inconsistencies in judicial interpretations. Additionally, alternative approaches, such as force majeure clauses, impracticability, hardship doctrines, and the principle of good faith and fair dealing, are compared and contrasted with the doctrine of frustration, considering their advantages and disadvantages. The paper concludes by offering recommendations for enhancing the doctrine, suggesting potential legislative or contractual changes, and highlighting emerging trends in contract law that may shape its future application.
- Metadata:
- xml
- Published as:
- Journal article
- Status:
- Published
- Last Updated:
- 6 months ago
- License:
- All Rights Reserved
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