Legislation is proposed that gives more power to the courts to require fair restitution when a contract has been found to be frustrated. The Commission recommends an approach that allows the courts to more fairly allocate the burden of frustration between the parties.
Publications by Key Term: doctrine of frustration
Frustrated Contracts Act: Tentative Proposals Apr 1987
A contract is frustrated when an unforeseen event so distorts the agreement that the law declares it ended and discharges the parties from their duties. The Commission proposes a Frustrated Contracts Act that allows courts a wider ability to adjust the situation post-frustration to ensure a fair result for all parties.