question archive Discuss the Law of Frustration as to what is a Frustrating event and what is not
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Discuss the Law of Frustration as to what is a Frustrating event and what is not.
Law of frustration
Law of Frustration is one that guides the action to be taken when a contract deems to be impossible as a result of occurrence of unforeseen circumstances, which are not a contribution of either of the parties (MacMillan, 2019). In such a case, the contract is considered to be frustrated as it cannot be honored by either of the parties. None of the parties is considered to be in breach.
A frustrating event is one that is unforeseen by the two parties in a contract. The event then makes the contract illegal, or even changes the contractual obligations originally agreed upon between the parties (MacMillan, 2019). On the other hand, an even is not frustrating if it had been foreseen by the two parties during the formation of the contract. It is also not frustrating if it does not change the original obligations of the contract, nor turn the obligations illegal or impossible.