Svetlana paid an advance under a contract of sale for a unique antique in Ontario, but the performance of the contract was rendered impossible because of a terrible accident that happened during delivery.Because the seller incurred expenses while trying to deliver the antique, the court is permitted to allow the seller to keep some of the advance towards those expenses.

Question

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According to the common law doctrine of frustration, when the performance of a contract becomes impossible due to unforeseen circumstances beyond the control of either party, the contract is discharged. However, the seller can be allowed to keep a portion of the advance towards expenses incurred in connection with the sale, provided those expenses were necessary and reasonable. This is known as the "doctrine of quantum meruit."

Svetlana Paid an Advance Under a Contract of Sale for a Unique