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Doctrines of Frustration of Purpose and Impossibility Apply Only When the Agreement’s Purpose is Completely Defeated, Not Partially Defeated
By: Jeffrey M. Haber The doctrine of frustration of purpose is narrowly applied.¹ “In order to invoke the doctrine of frustration of purpose, the frustrated purpose must be so completely the basis of the contract that, as both parties understood, without it, the transaction would have made little sense.”² In other words, the doctrine will not apply “unless the frustration is substantial.”³ However, “frustration of purpose … is not available where the event which prevented pe

Jeffrey Haber
Feb 49 min read
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