frustration

frustration, n.

1. The prevention or hindering of the attainment of a goal, such as contractual performance.

commercial frustration. An excuse for a party’s nonperformance because of some unforeseeable and uncontrollable circumstance.

— Also termed economic frustration. [Cases: Contracts 309(1). C.J.S. Contracts §§ 520–522, 524.]

self-induced frustration. A breach of contract caused by one party’s action that prevents the performance. • The phrase is something of a misnomer, since self-induced frustration is not really a type of frustration at all but is instead a breach of contract.

temporary frustration. An occurrence that prevents performance and legally suspends the duty to perform for the duration of the event. • If the burden or circumstance is substantially different after the event, then the duty may be discharged.

2. Contracts. The doctrine that if a party’s principal purpose is substantially frustrated by unanticipated changed circumstances, that party’s duties are discharged and the contract is considered terminated.

— Also termed frustration of purpose. Cf. IMPOSSIBILITY(4); IMPRACTICABILITY; MISTAKE. [Cases: Contracts 309. C.J.S. Contracts §§ 520–522, 524.] — frustrate, vb.


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译者Peter,毕业于亚洲顶尖的高级翻译学院,擅长翻译各种与复杂金融产品相关的法律文件。
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