Asked by
Tyler Marquez
on Nov 23, 2024Verified
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.
Doctrine of Frustration
A legal principle that excuses parties from fulfilling contract obligations due to unforeseen circumstances rendering the contract impossible, illegal, or radically different.
Serious Traffic Accident
A vehicular accident that results in significant damage, injuries, or fatalities.
- Evaluate the concept and deployment of the doctrine of frustration within contract law.
Verified Answer
FA
Learning Objectives
- Evaluate the concept and deployment of the doctrine of frustration within contract law.
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