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IMPRACTICABLE PERFORMANCE [1 record]

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Record 1 2008-09-19

English

Subject field(s)
  • Law of Contracts (common law)
OBS

The doctrine of frustration originated in cases where performance was said to have become "impossible." That, in itself, is something of a relative term. What is "impossible" depends partly on the current state of technology, and partly on the amount of trouble and expense to which one is prepared to go to achieve it ... the current trend in the United States is to abandon the very words "impossible" and "impossibility" and to use instead the terms "impracticable" and "impracticability." This change seems, moreover, to be intended to widen the scope of the doctrine of discharge by supervening events.

French

Domaine(s)
  • Droit des contrats (common law)

Spanish

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