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Bruce MacDougall
Frustration of Contract
Know when performance is excused—and what remedies follow.
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Core Biz Category:
Legal
Growth Category:
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What Will You Learn?
Unforeseen events can break promises – Frustration of Contract explores when obligations end because performance becomes impossible or radically different.
This doctrine summary and key takeaways explain:
- Doctrine Basics – Frustration and impossibility defined
- Case Law – Landmark rulings on unforeseeable events
- Risk Allocation – Force majeure clauses and planning
- Modern Challenges – Pandemics, war, and global supply chain shocks
2025 application: Businesses must draft contracts anticipating disruption from AI, climate, and geopolitics.
Win with Click.Apply.Grow™: Add force majeure terms, allocate risks clearly, monitor disruption risks, and update clauses regularly.
Plan for shocks. Protect commitments.
Strategies
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About the Author
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{"@type":"Question","name":"How does it differ from hardship?","acceptedAnswer":{"@type":"Answer","text":"Hardship makes performance harder or costlier; frustration removes the contract’s foundation."}},
{"@type":"Question","name":"What is the role of force majeure?","acceptedAnswer":{"@type":"Answer","text":"Clauses may pre-allocate risks and affect whether frustration applies."}},
{"@type":"Question","name":"What are the remedies after frustration?","acceptedAnswer":{"@type":"Answer","text":"Typically discharge of future duties and possible restitution for benefits conferred."}},
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