A party to a contract might forego the defence of frustration by
A)making it a condition precedent.
B)being in a province that has its own Frustrated Contracts Act.
C)placing an exemption clause on everything.
D)making it a condition subsequent.
E)an express promise worded in such an absolute and unconditional way as to rule out any reservation for the party's benefit.

Question

Quizplus · Accepted Answer

An express promise worded in such an absolute and unconditional way as to rule out any reservation for the party's benefit can forego the defence of frustration. This means that the party has made an explicit promise that they will fulfill their obligations under the contract, regardless of any unforeseen circumstances that might arise. By doing so, they are waiving their right to rely on frustration as a defence if the contract becomes impossible to perform due to an unforeseen event.

A Party to a Contract Might Forego the Defence of Frustration