Excuse Doctrine: Impossibility, Frustration and Impracticability

Excuse Doctrine: Impossibility, Frustration and Impracticability

Jennifer Martin
Assoc. Professor of Law
St. Thomas University School of Law
jmartin@stu.edu http://www.stu.edu/FacultyAdministration/FullTimeFaculty/MartinJenniferS/tabid/2950/Default.aspx

Copyright 2010
CALI Author Copyright 1999-2009 Center for Computer-Assisted Legal Instruction.

Artwork by Eric Molinsky

This lesson takes a look at the doctrine of excuse. In particular, we will look at the doctrines of impossibility, frustration of purpose and impracticability. Each of these doctrines excuses performance of the parties to the agreement. This lesson sets out the basic requisites for when courts excuse contract performance and evaluating those situations that merit excuse. The general attributes of contract formation and breach are covered in other lessons.

Approximate Completion Time: 50 minutes

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