Kirk entered into a contract with Yemmi to haul gravel in his large tandem truck from Yemmi's gravel pit to a building site some five kilometres distant, at $60 per load. Before Kirk was to begin performance, his truck was destroyed in a serious traffic accident. If Kirk owned a fleet of trucks, and Kirk had a number of spare trucks, the doctrine of frustration would not apply to the case, and Kirk would be obliged to perform the contract.

Question

Quizplus · Accepted Answer

The doctrine of frustration applies when an unforeseen event renders contractual obligations impossible to perform. Since Kirk has spare trucks, he can still fulfill the contract, thus the doctrine of frustration does not apply.

Kirk Entered into a Contract with Yemmi to Haul Gravel