'Frustration of purpose' as an excuse for nonperformance applies when:
Giải thích
Frustration of purpose excuses performance when an event neither party foresaw destroys the principal purpose both understood as the basis of the bargain, even though the promised performance remains entirely possible — the textbook case is renting a room to watch a parade that is then cancelled. (b) is impossibility, where performance itself cannot be rendered; the doctrines are neighbours, not synonyms, and Civil Code §1511 sets out when performance is excused. (c) is commercial impracticability, which California applies narrowly: added cost, even large added cost, is the risk a fixed-price contractor accepted. (d) is buyer's remorse, which excuses nothing at all.
Trích dẫn luật: Civil Code §1511Luyện miễn phí toàn bộ 1632 câu hỏi — không cần đăng ký.
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Câu hỏi liên quan cùng chủ đề
- A 'no oral modification' clause states that the contract may be changed only by a signed writing. Its practical purpose is to:
- 'Accord and satisfaction' discharges a disputed obligation when:
- The doctrine of 'impossibility' (or impracticability) may excuse performance when:
- A third-party beneficiary who is an 'intended beneficiary' of a contract:
- An 'incidental beneficiary' of a contract differs from an intended beneficiary in that an incidental beneficiary:
- A contractor's bid submitted to an owner is best characterized in contract terms as:
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