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蘭卡斯特大學法律essay范文

文章來源:輔無憂教育 發布時間:2023-05-12 16:16

  非常多學生去英國留學深造讀法律相關專業,而這一專業學生相對頭疼的作業,無疑是各類型的essay作業,在應對不熟悉的作業,學生都會搜索其范文,這里essay輔導給大家分享一篇蘭卡斯特大學法律essay范文。

  Title: The Doctrine of Frustration and its Application in Contract Law

  Introduction

  The doctrine of frustration is a legal principle that allows parties to discharge their contractual obligations in circumstances where performance of the contract has become impossible or radically different from what was originally anticipated. This essay will examine the doctrine of frustration and its application in contract law.

  Body

  The doctrine of frustration was first recognized in the landmark case of Taylor v. Caldwell (1863) 3 B&S 826, where the court held that a contract for the hire of a music hall was frustrated by the destruction of the hall by fire. The court held that the contract had become impossible to perform and the parties were discharged from their obligations.

  The doctrine of frustration has since been developed and refined by subsequent case law. In order for frustration to apply, the event or circumstances must be beyond the control of the parties and not due to their own fault. The event or circumstances must also make performance of the contract impossible or radically different from what was originally anticipated.

  There are a number of situations where the doctrine of frustration may apply. For example, if a contract involves the sale of specific goods and those goods are destroyed, the contract may be frustrated. Similarly, if a contract involves the provision of services and the provider becomes incapacitated or dies, the contract may be frustrated.

  However, frustration cannot be relied upon simply because a party finds it difficult or costly to perform their obligations under the contract. The event or circumstances must be beyond the control of the parties and not due to their own fault.

  In addition, frustration does not automatically discharge the parties from their obligations under the contract. Rather, it operates to extinguish the contract from the time of the frustrating event. Any obligations that have already accrued at the time of the frustrating event will still need to be performed.

  Conclusion

  The doctrine of frustration is an important legal principle that allows parties to discharge their contractual obligations in circumstances where performance of the contract has become impossible or radically different from what was originally anticipated. However, it is a narrow doctrine that only applies in limited circumstances. Parties should always ensure that their contracts include appropriate provisions for dealing with unforeseen events or circumstances.

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