The doctrine of frustration
A)if not applied,discharges the plaintiff from her or his contractual obligations.
B)can be applied in cases where the subject matter did not exist at the time of the agreement.
C)only applies where there is a Frustrated Contracts Act.
D)is a practical and reasonable solution to be imposed by a court under extreme circumstances that were not contemplated by the contracting parties.
E)could be applied successfully as a defence in a case where honouring contractual obligations would bring hardship upon the promisor.

Question

Quizplus · Accepted Answer

The doctrine of frustration is a practical and reasonable solution to be imposed by a court under extreme circumstances that were not contemplated by the contracting parties. It applies in situations where the performance of the contract is no longer physically or commercially possible, or would render the performance of the contract radically different from the original performance intended by the parties. The doctrine does not necessarily discharge the plaintiff from their contractual obligations, but rather allows for the parties to renegotiate the terms of the contract or even cancel it altogether. There is no requirement for there to be a Frustrated Contracts Act, and it can be applied in cases where the subject matter did not exist at the time of the agreement. The defence of hardship is not related to frustration, but rather the doctrine of undue influence or unconscionable conduct.

The Doctrine of Frustration