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Frustration of purpose, in law, is a defense to enforcement of a contract.Frustration of purpose occurs when an unforeseen event undermines a party's principal purpose for entering into a contract such that the performance of the contract is radically different from performance of the contract that was originally contemplated by both parties, and both parties knew of the principal purpose at ...
Frustration of purpose; Impossibility; Impracticability; Hardship; Set-off; Illusory promise 1; Statute of frauds 1; Non est factum 1; Unclean hands 1; Accord and satisfaction 1; Exculpatory clause; Interpretation; Parol evidence 3; Contract of adhesion; Integration clause; Contra proferentem; UNIDROIT Principles; Dispute resolution; Choice of ...
The hardship clause is sometimes used in relation to force majeure, particularly because they share similar features and they both cater to situations of changed circumstances. The difference between the two concepts is that hardship is the performance of the disadvantaged party becoming much more burdensome but still possible.
The clause usually forms part of a parent company guarantee that is intended to limit the applicability of the doctrines of impossibility or frustration of purpose. The term for the clause comes from a colloquial expression that a task must be accomplished "come hell or high water", that is, regardless of any difficulty.
When force majeure has not been provided for in the contract (or the relevant event does not fall within the scope of the force majeure clause), and a supervening event prevents performance, it will be a breach of contract. The law of frustration will be the sole remaining course available to the party in default to end the contract.
Clause 6 provided for the letting of the timber yard "to enable the foresaid trading agreement to be carried out". Clause 8 gave Denny, "in the event of the foregoing trading agreement being terminated by either party as aforesaid, ... the right as at the date of the termination of the said agreement" to purchase the timber yard at a certain ...
The person pleading non est factum must belong to "class of persons, who through no fault of their own, are unable to have any understanding of the purpose of the particular document because of blindness, illiteracy or some other disability". [1] The disability must be one requiring the reliance on others for advice as to what they are signing ...
The issue of third-party beneficiaries has appeared in cases where a stevedore has claimed it is covered under the exclusion clauses in a bill of lading. In order for this to succeed, three factors must be made out: The bill of lading must clearly intend to benefit the third party.