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Contracts, Fall 2008

Contracts, Fall 2008. Class 26. Justifications for Nonperformance. Mistake Bilateral Unilateral Changed Circumstances Impossibility Impracticability Frustration of purpose Note: all are “default” doctrines, applied when parties didn’t allocate the risk.

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Contracts, Fall 2008

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  1. Contracts, Fall 2008 Class 26

  2. Justifications for Nonperformance • Mistake • Bilateral • Unilateral • Changed Circumstances • Impossibility • Impracticability • Frustration of purpose • Note: all are “default” doctrines, applied when parties didn’t allocate the risk

  3. Impossibility, Impracticability, Frustration of Purpose • Impossibility • A party can’t do it • Impracticability • It’s profoundly less advantageous to do it for unforeseen (and unforeseeable, say a few courts) reason • Frustration of Purpose – • Party A’s purpose is frustrated, and party B knew of party A’s purpose and contract makes little sense w/out reference to the purpose.

  4. Impossibility, Impracticability, Frustration of Purpose • Doctrines offer relief from obligation to perform • if performing is impossible and that party didn’t bear the risk; • if performance is merely impracticable in the common sense usage of the term, it’s rare that court will excuse performance; • frustration of purpose is a bit of a middle case.

  5. Impossibility, Impracticability, Frustration of Purpose • Non-occurrence of event causing impossibility, etc., as basic assumption of parties • In general, no relief to party causing impossibility, impracticability or frustration. • BUT: Phoenix case provides exception

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