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A comparative survey of the doctrine of frustration

A comparative survey of the doctrine of frustration I. INTRODUCTION Throughout history, contracting parties have grappled wit11 the problem of non-performance of their contract (after its formation1 but before its completion), caused by political, social or economic upheavals beyond their control. The was developed to cope with this unexpected change in conditions. The development of the doctrine ina English Law was given added impetus 'cy the First and Second World Wars. Not surprisingly, is1 Germany, the devastating infiation followii~g the First World War resulted in the German courts developing the doctrine from certain general clauses in the German Civil Code. Despite statutory intervention, however, the doctrine remains essentially .a judicial one. A t a n interi~ationallevel a uniform sales law2 was d a w n up in 1964 at the Hague which inier alia deals with Frustration in sales contracts. This article seeks t o present a comparative survey of Frustration with particular emphasis on the evaluation of the Uniform Sales Law approach. It also takes a brief look at force majeure clauses in relation to Frustration. II. COMPARATIVE SURVEY F R U S T R A T I O N IN E N G L I S H LAW In English law, the can be http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Legal Issues of Economic Integration Kluwer Law International

A comparative survey of the doctrine of frustration

Cruz
Legal Issues of Economic Integration , Volume 9 (2) – Jan 21, 1982
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Publisher
Kluwer Law International
Copyright
Copyright © Kluwer Law International
ISSN
0377-0915
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Abstract

I. INTRODUCTION Throughout history, contracting parties have grappled wit11 the problem of non-performance of their contract (after its formation1 but before its completion), caused by political, social or economic upheavals beyond their control. The was developed to cope with this unexpected change in conditions. The development of the doctrine ina English Law was given added impetus 'cy the First and Second World Wars. Not surprisingly, is1 Germany, the devastating infiation followii~g the First World War resulted in the German courts developing the doctrine from certain general clauses in the German Civil Code. Despite statutory intervention, however, the doctrine remains essentially .a judicial one. A t a n interi~ationallevel a uniform sales law2 was d a w n up in 1964 at the Hague which inier alia deals with Frustration in sales contracts. This article seeks t o present a comparative survey of Frustration with particular emphasis on the evaluation of the Uniform Sales Law approach. It also takes a brief look at force majeure clauses in relation to Frustration. II. COMPARATIVE SURVEY F R U S T R A T I O N IN E N G L I S H LAW In English law, the can be

Journal

Legal Issues of Economic Integration – Kluwer Law International

Published: Jan 21, 1982

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