What is the doctrine of frustration in a contract?

The doctrine of frustration is a legal concept in contract law that states that if an unforeseen event occurs that renders performance of a contract impossible, the contract is, in a sense, cancelled. This doctrine is often seen in contracts related to real estate, construction, and transport, but it can be applied to any contract where performance is rendered impossible by an event outside of the control of either party. In South Dakota, the doctrine of frustration is defined by the South Dakota Codified Laws Section 20-9A-6. This section states that for a contract to be frustrated, the event must be so unexpected that it would be practically impossible for the parties to either perform their contract or find a reasonable substitute. Furthermore, the South Dakota Supreme Court has ruled that the event must render performance impossible and not just difficult to perform. In summary, the doctrine of frustration in contract law is an exception to the general rule of contracts that states parties must fulfill their obligations under the contract. The doctrine of frustration states that if an unforeseen event renders performance of a contract impossible, the contract is no longer valid and the parties are not required to fulfill it. In South Dakota, the precise criteria for the doctrine of frustration is defined by the South Dakota Codified Laws and the South Dakota Supreme Court.

Related FAQs

What is the Statute of Limitations?
What is frustration of purpose?
What is rescission of a contract?
What is a performance bond?
What is a term in a contract?
What is the implied covenant of quiet enjoyment?
What is the effect of illegality in a contract?
What is a discharge of contract?
What are standard form contracts?
What is equitable estoppel?

What is the doctrine of frustration in a contract?

Related FAQs

Related Blog Posts