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A Theory of Frustration and Its Effect
Sagi Peari1, Zamir R Golestani1
1University of Western, Crawley, Australia.
The COVID-19 pandemic challenged contract performance, raising legal questions about the doctrine of frustration. This paper clarifies the doctrine and its remedies, proposing a unified conceptual account for contract law.
Area of Science:
- Law
- Contract Law
- Legal Theory
Background:
- The COVID-19 pandemic created widespread contract performance issues globally.
- Existing legal frameworks struggle with the doctrine of frustration and its remedies.
- Doctrinal confusion exists regarding the core principles and consequences of contract frustration.
Purpose of the Study:
- To provide a unified conceptual account of the doctrine of frustration.
- To clarify the remedy for frustrated contracts.
- To address legal questions arising from pandemic-related contract failures.
Main Methods:
- Conceptual analysis of the doctrine of frustration.
- Review of existing legal scholarship and case law.
- Development of a unifying theoretical framework.
Main Results:
- The study identifies a single unifying idea underlying both the doctrine of frustration and its remedy.
- A coherent conceptual framework for understanding contract frustration is proposed.
- The research clarifies the legal status and implications of frustrated contracts.
Conclusions:
- The doctrine of frustration and its remedy are underpinned by a single, unifying legal concept.
- This unified account resolves existing doctrinal confusion.
- The findings offer clarity for adjudicative tribunals dealing with pandemic-impacted contracts.
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