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Topic: Frustration of purpose

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	Frustration - Wikipedia, the free encyclopedia
		Frustration is a human emotion that occurs in situations where one's goals remain unreachable indefinitely.
		As simple as it seems, it is quite possible that battling frustration is the point of life.
		Frustration may just be the explosion necessary to transform us into positive action should we choose.
	en.wikipedia.org /wiki/Frustration (197 words)

	MY NOTES
		Under the doctrine of frustration, a party must prove that the risk of the frustrating event was not reasonably foreseeable and the basic reason for entering into the contract is totally or nearly totally destroyed.
		The defendants argued that the purpose of the contract was only for the sale of the old house, while the plaintiffs contended that because the new house could not be built, the contract for the sale of the old house was excused.
		Although the Contract states "the purpose of this contract is for the design and development of the first pilot lead-acid battery for use in the ZEVs required by [the ARB regulation]," that section is open to interpretation.
	home.pon.net /jmt/law/OneL/lawar/fmemo.htm (3283 words)

	[No title]
		In frustration cases, there is neither the conferring of a benefit nor the imposition of harm from some culpable or negligent act that justifies the allocation of loss to one rather than the other party.
		In the absence of contractual provisions that authorize exemption upon frustration or impracticability, such theories should not be appropriated from domestic law in contravention of the express goals of uniformity and international interpretation that are consistent with the international character of the Convention.
		The principal purpose "must be so completely the basis of the contract that, as both parties understand, without it the transaction would make little sense."[82] The mere fact that the transaction has become less profitable is insufficient to establish frustration of purpose;[83] the performance must become commercially valueless, which requires near total frustration.
	www.cisg.law.pace.edu /cisg/biblio/jenkins.html (4666 words)

	Stormont v. Astoria Limited (2/17/95), 889 P 2d 1059
		B. Frustration Stormont argues that he is entitled to judgment as a matter of law based on the doctrine of frustration of purpose, or that at a minimum there is a genuine issue of material fact that precludes summary judgment in favor of Astoria on this issue.
		Frustration is an affirmative defense, and Stormont bears the burden of proof.
		The frustration must be so severe that it is not fairly to be regarded as within the risks that he assumed under the contract.
	www.touchngo.com /sp/html/sp-4167.htm (2160 words)

	[No title]
		Comment When the purpose of the contract was totally frustrated by a supervening event during the term of the contract, the Alaska Supreme Court has held that performance by the other party was excused.
		However, where the contemplated use of the premises was for a nightclub, and where the purpose of the lease was totally frustrated by a supervening event, unanticipated in the lease, the lease was dissolved and the parties were excused from their obligations.
		However, California courts have consistently held that the excuses of frustration and impossibility are conclusions of law to be drawn from the facts of a given case.
	www.state.ak.us /courts/insciv/24.08B.doc (598 words)

	Legal Ease \| February 2005 \| Professional Roofing Magazine
		Another legal theory that sometimes has been used when performance has become prohibitively expensive is "frustration of purpose." This doctrine applies to a situation when one party's purpose in entering the contract has been completely or almost completely frustrated by a supervening event.
		Impossibility, impracticability and frustration of purpose generally require the party seeking relief to prove an unforeseen event; no allocation of risk of the unexpected occurrence in the contract; and the unexpected event renders performance commercially impracticable.
		The purpose of a force majeure clause is to excuse parties from exceptional events that are beyond the control of either party.
	www.professionalroofing.net /article.aspx?A_ID=586 (2865 words)

	Faulconer v. Wysong & Miles Co., 155 NC App 598 (02-291) 12/31/2002
		The doctrine of commercial frustration is based upon the fundamental premise of giving relief in a situation where the parties could not reasonably have protected themselves by the terms of the contract against contingencies which later arose.”
		Defendant alleged in his affirmative defenses that there was a precipitous decline in its business, that it was an implied condition to the agreement that this decline not occur and the parties did not contemplate such a decline, and now it isimpractical, excessive and unreasonable to continue to make payments to plaintiff.
		We hold that the doctrine of frustration of purpose is inapplicable to the present case and that the trial court was correct in granting plaintiff's motion to strike.
	www.aoc.state.nc.us /www/public/coa/opinions/2002/020291-1.htm (1589 words)

	Purpose
		The purpose of God is not found in a big public meeting when a world famous prophet calls you out in front of everyone and tells you that you’re a great person and that you’ve got a spectacular calling and that the whole world is going to notice you and adore you.
		But the purpose of God is found in the quietness of your own inner life, in the pain of your own wrestling and agonizing with God as He deals with you at the center of your being and your will.
		The purpose of God is found as He deals with you about lordship, as He deals with you about the central issue of who will really be the Lord and God of your life.
	www.pioneerbooks.com /Purpose.htm (6081 words)

	00-7028 -- U.S. v. Thompson -- 01/24/2001
		In order for the frustration of purpose doctrine to apply, the non-occurrence of the supervening event must have been a basic assumption of the agreement.
		In this case, the government's fundamental purpose in entering into the plea agreement was frustrated by a supervening event (the failure of the Oklahoma prosecutors to charge Mr.
		Because the government did not receive the benefit of its bargain, we hold that the plea agreement's purpose was frustrated and its terms not binding on the government.
	www.kscourts.org /ca10/cases/2001/01/00-7028.htm (1730 words)

	Third party beneficiary - Wikipedia, the free encyclopedia
		Because the rights of the third party are defined by the contract created between the promisor and the promisee, the promisor may assert against the beneficiary any defenses to the contract that could be asserted against the promisee.
		These include all of the traditional basis by which the formation of a contract may be challenged: lack of capacity, lack of consideration, the Statute of Frauds, etc.; and all of the traditional bases by which non-performance on the contract may be excused: failure of consideration, impossibility, illegality, frustration of purpose, etc.
		Because the promisor can assert any defenses that could be asserted against the promisee, the beneficiary also becomes liable for counterclaims on the contract that the promisor could establish against the promisee.
	en.wikipedia.org /wiki/Third_party_beneficiary (1176 words)

	[No title]
		Frustration of purpose is the converse of impracticability and is often alleged by a recipient of goods or services bound to pay their price
		Frustration of purpose occurs when the fundamental purpose of the contract for the parties concerned has become permanently unachievable.
		Frustration of contractual purpose leads to the dissolution of the contract, not to its adjustment.
	tldb.uni-koeln.de /php/pub_show_document.php?pubdocid=116100 (12259 words)

	EXHIBITOR magazine - Article: Disaster Strikes, April 2004
		To successfully claim that holding your event was impossible or impracticable, the occurrence or circumstance must have been unanticipated and unforeseeable by either you or the hotel, and must have been outside either of your control.
		However, in order to claim frustration of purpose, the purpose must be specified in the contract.
		It claimed its main purpose for holding the event was to bring domestic and foreign employees together.
	www.exhibitoronline.com /exhibitormagazine/article.asp?ID=535 (694 words)

	Article: THE LIMITS OF THE DUTY TO PERFORM IN THE PRINCIPLES OF EUROPEAN CONTRACT LAW, vol. 8.1
		Frustration and Article 8:108 may accord on the second and third requirements, externality and unforeseeability of the impediment.
		Secondly, dealing with frustration of purpose within Article 8:108 is not possible for the latter Article examines solely the impediment of the performance with no regard to the consideration.
		frustration cannot be applied in favour of the party that took the risk.
	www.ejcl.org /81/art81-2.html (9142 words)

	Questions/Answers: February 4
		Good question, and it brings up the potential contract defenses of impracticability and frustration of purpose, which are also discussed in the next set of material on the condition of the premises.
		And so to make an impracticability or frustration of purpose argument successfully, Turner will have to demonstrate through extrinsic evidence that this was a mutually shared assumption.
		Thus, if the landlord was going to take that action, it would be well-advised to communicate clearly to the tenant that landlord was doing so solely for the purpose of securing the premises on the tenant's behalf, and not for the purpose of accepting the tenant's surrender and terminating the lease.
	www.law.missouri.edu /freyermuth/property/2403message.htm (983 words)

	[No title]
		In order to prove a defense based on frustration of purpose, the defendant must first show, by clear and convincing evidence, that the plaintiff and defendant implicitly agreed that their contract and their promises were conditioned on [identify purpose alleged].
		To sustain a defense under the doctrine of frustration, it does not appear to be sufficient to disclose that the ‘purpose’ or ‘desired object’ of but one of the contracting parties has been frustrated.
		It is their common object that has to be frustrated, not merely the individual advantage which one party or the other might have achieved from the contract.
	www.judiciary.state.nj.us /civil/charges/4.10n.doc (8889 words)

	S&W LLP -> S&W in Print -> S&W Publications -> Effect of Acts of War and Terrorism on Contractual ... (Site not responding. Last check: 2007-10-20)
		If after a contract is made, a party's principal purpose in contracting is substantially frustrated, the remaining performance may be excused.
		The purpose that is frustrated must have been a principal purpose to the contract, and understood as such by both parties.
		As with impossibility, if the purpose of a contract is frustrated by new legal restrictions or requirements, performance of the contract will be excused.
	www.sandw.com /print/print_pub_item.phtml?ID=38 (1204 words)

	Preemption (Site not responding. Last check: 2007-10-20)
		With the proliferation of environmental and energy laws at both federal and state levels, it was perhaps inevitable that perceived conflicts between the requirements or purposes of these laws would lead to increasing claims in federal courts that the state laws were preempted by their federal counterparts.
		Paul, 373 U.S. c) Frustration of Purpose - Although perhaps related to implied preemption, courts have applied a somewhat looser test in finding state laws preempted where they frustrate a perceived Congressional policy (although not in direct conflict).
		While finding that there was such a national policy, the court nevertheless declined to find preemption because the federal statute embodying this national policy had not attempted to disturb the states' authority to impose such a moratorium.
	www.rbeerslaw.com /preempt.html (1220 words)

	SEABOARD LUMBER COMPANY v. U.S.
		Seaboard alternatively argues that it was relieved from performance under the “frustration of purpose” doctrine because the market slump made performance of the What contract unprofitable, thereby frustrating the purpose of the contract.
		Although frustration and commercial impracticability are related, they deal with two different effects that unforeseen circumstances may have on performance.
		We affirm the Court of Federal Claims’ rejection of the nonperformance defenses of force majeure, impossibility of performance, commercial impracticability, and frustration of purpose as a matter of law.
	www.ll.georgetown.edu /federal/judicial/fed/opinions/01opinions/01-5097.html (8351 words)

	The Daily Motivator
		No matter what triggers the frustration, the purpose for frustration to stimulate positive action.
		Frustration comes when the reality of life does not match our vision.
		And in your frustration, is the energy to attain that vision.
	www.greatday.com /motivate/980923.html (153 words)

	MY NOTES
		Also say that any evidence used for purposes of interpreting the contract subsequent to the May 1998 dispute is not admissible and cannot be used.
		Frustrating event through the purpose: take one purpose we just found and say why it is or is not frustrated, by the frustrated event which we found above (in the prior section) — don’t need to use the cases much.
		The fundamental purpose for entering into the contract, which its is claimed has been destroyed by the supervening event, must be recognized by both parties.
	home.pon.net /jmt/law/onel/lawar/lawoct.htm (2529 words)

	Frustration
		Frustration is one of the topics in focus at Global Oneness.
		As humanity moves forward in understanding and acceptance of the next level of soul development, it would be wise to remember that we are not here to suffer, rather we are here to transcend suffering and become the stars that we truly are.
		Frustration: Emotions and the key to emotional clarity.
	www.experiencefestival.com /frustration (869 words)

	Garden Trails (Site not responding. Last check: 2007-10-20)
		A garden trail is a path that leads you on a never-ending journey where one can experience a unique connection with Mother Nature.
		The event can be most satisfying, but sometimes can end in disappointment and frustration.
		Our purpose is to provide products and services to make that connection as pleasant and rewarding as possible.
	www.gardentrails.com /about/about.asp (624 words)

	Epicurus [Internet Encyclopedia of Philosophy]
		Teeth appear to be well-designed for the purpose of chewing.
		Aristotle thinks that this apparent purposiveness in nature cannot be eliminated, and that the functioning of the parts of organisms must be explained by appealing to how they contribute to the functioning of the organism as a whole.
		Since the 'justice contract' is entered into for the purpose of securing what is useful for the members of the society, only laws that are actually useful are just.
	www.utm.edu /research/iep/e/epicur.htm (5535 words)

	Untitled Document
		Suffice it to say that the common law of contracts knew of two terms: impossibility and frustration of purpose.
		They were similar in that they both required a "supervening event" after the time of contract formation and before contract performance that so altered the contract that it destroyed the value of the performance.
		That is, the Code becomes a default standard unless the parties contract otherwise (Of course, as we have seen, there are limits to what the parties may contract for; it must not "fail of its essential purpose" or its liquidated damage clause may not be a "penalty" or it may not be an "unconscionable" contract).
	www.willamette.edu /~blong/SalesLectures/Impracticability.html (837 words)

	NOTES AND COMMENTS
		In addition to considering purpose, drafters should assess the impact that the international character of the contract might have on perfomance, e.g., longer distances, the involvement of two separate governments, currency exchange, and diplomacy.
		Broad discussion of the concepts of impossibility and frustration of purpose are beyond the scope of this paper.
		The doctrine of frustration of purpose could be incorporated into a U.C.C. contract under section 1-103 of the Code.
	www.cisg.law.pace.edu /cisg/biblio/bund.html (11246 words)

	June 2004 WBC Bulletin Feature Article (Site not responding. Last check: 2007-10-20)
		Unfortunately, without a special clause, legal relief on the basis of claimed commercial impracticability (i.e., commercial senselessness), mutual mistake, frustration of purpose, or force majeure is very difficult to obtain.
		At first glance, it would seem that the recent steel price hikes are so severe as to meet the established test for commercial senselessness as follows: (1) an unexpected contingency occurred; (2) the risk of which was not allocated by agreement or custom; and (3) the occurrence of which rendered performance commercially impracticable.
		as frustration of purpose, but here the courts are more likely to look at the language in the contract.
	www.wbcnet.org /JUN04.htm (1733 words)

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