'Frustration of purpose' as an excuse for nonperformance applies when:
解析
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.
法律依据: Civil Code §1511免费刷完整 1632 道题库 — 无需注册。
Own the complete CSLB Law & Business guide — PDF + EPUB, $24.99 →
同考点相关题目
- 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:
最近核对: · 审核流程