What is frustration of purpose?

Frustration of purpose is a legal doctrine under contract law in Mississippi and other states in the U.S. It is a defense to a breach of contract claim in which a party can claim that the purpose for the contract has been destroyed due to an unforeseen event, and the original contracting parties could not have anticipated the event happening. For example, if you hire a caterer to provide food for an outdoor wedding, but the event gets rained out, you may be able to use the doctrine of frustration of purpose to excuse your failure to pay the caterer because the purpose of the contract was destroyed. Similarly, if you enter into a contract with a seller to buy a certain item, but the item is no longer available due to an unforeseen event, you can assert this defense to excuse any breach of contract. In Mississippi, the law requires that the event must be both unforeseen and unavoidable by either party in order for the frustration of purpose doctrine to be valid. That is, if either party could have reasonably expected the circumstances that led to the destruction of the purpose of the contract, then the doctrine will not apply. Additionally, the doctrine only releases the parties from their contractual obligations, and it does not allow them to recover any damages they may have suffered.

Related FAQs

What is the standard of care in a contract?
What is a warranty of title?
What is a discharge of contract?
What is an assignment of contract?
What is a void contract?
What is a contract of service?
What is frustration of purpose?
What is the common law of contracts?
What is a third-party beneficiary?
What are the common types of remedies available?

Related Blog Posts

What Every Business Should Know About Contract Law - July 31, 2023
Understanding Contract Enforceability - Key Considerations - August 7, 2023
Drafting an Enforceable Contract: Best Practices - August 14, 2023
Creating an Effective Contract: Tips and Tools - August 21, 2023
Negotiation Strategies for Contract Law - August 28, 2023