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Q.

What is doctrine of frustration?

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0 2021-11-11T18:17:56+00:00

So generally, a contract is put in place to ensure that the parties involved or mentioned in the contract fulfil their obligations. In case any party or parties breach the contract, they face penalty or consequences accordingly. But the doctrine of frustration of contract is an exception to this case. Now you must be wondering what is doctrine of frustration. That’s what I am going to explain below, so read carefully.

What is the doctrine of frustration

The doctrine of frustration in contract law talks about the impossibility of non performance as per the contract drawn. It comes into play when the circumstances do not allow either of the parties or any party involved in fulfilling the conditions of the contract due to incidents beyond their control. 

In such a case the contract becomes illegal or void.

Conditions under which doctrine of frustration of contract can be proved
  • Destruction of subject matter

  • Due to death or incapacity of a party

  • Frustration due to legal or government intervention

  • Frustration due to changes in circumstances

  • Due to intervention of war

Recently the terms force majeure and doctrine of frustration of contract were in the news due to COVID 19, I hope now you understand the whole context.

What is force majeure clause

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