frustration

Frustration is a basis to discharge a contract when an event occurs that makes the contract impossible to perform, or some event takes place that significantly changes the performance of the contract contemplated when the contract was formed.

The Doctrine of Frustration caters for unforeseen events that dramatically change the obligations for a party to perform a promise under the contract, or renders performance impossible.

As the remedy is not readily available, professionally drafted contracts commonly include force majeure clauses to mitigate the difficulty of obtaining relief in the face of unforeseen events.

Usage: The contract was frustrated upon the destruction of the building within which the performances contemplated by the contract were to take place.

Related Words: contract; common mistake; locus standi; mutual mistake; force majeure; offer and acceptance; force majeure clause; agreement.