Which of the following is NOT a situation where frustration would occur?Where the government in exercising its powers has made completion of the contract impossible.Long term serious illness of a person contracted to perform a personal services contract.Where the performance of the contract is rendered illegal by the destruction of the subject matter of the contract by one of the parties.Where a change in the law renders performance of the contract illegal.
Question
Which of the following is NOT a situation where frustration would occur?Where the government in exercising its powers has made completion of the contract impossible.Long term serious illness of a person contracted to perform a personal services contract.Where the performance of the contract is rendered illegal by the destruction of the subject matter of the contract by one of the parties.Where a change in the law renders performance of the contract illegal.
Solution
The situation where frustration would NOT occur is "Where the performance of the contract is rendered illegal by the destruction of the subject matter of the contract by one of the parties." This is because frustration of a contract occurs when, through no fault of either party, a contractual obligation has become incapable of being performed due to an unforeseen event, resulting in the obligations under the contract being radically different from those contemplated by the parties to the contract.
In this case, if one of the parties destroys the subject matter of the contract, it is their fault and therefore, it does not constitute a frustration of the contract. Instead, it would likely be considered a breach of contract.
Similar Questions
Which of the following circumstances would NOT discharge a contract by frustration?The contract is one for personal services and the promisee dies before paying for the services.The contract is one for personal services and the promisor dies before performing those services.Existence of a particular thing is essential to the performance of the contract and that particular thing is destroyed after the contract is entered into and before performance is due.Performance of the contract becomes illegal through a change in the law after the contract is formed.
Which of the following circumstances generally will cause a discharge of contractual duties by operation of law? A. Impossibility of performance B. Accord and satisfaction C. Anticipatory repudiation D. Novation
Which of the following conditions need not be satisfied for substantial performance?Multiple choice question.The formation of a contract between a merchant obligor and a non-merchant obligeeNo willful departure from the terms of the agreementAn honest effort to complete all of the contract termsCompletion of nearly all of the terms of the agreement
Which of the following is not a commonly recognized way by which a party's contractual obligations can be terminated?Multiple choice question.A material breach by one of the parties to the contractOperation of lawA material breach by both of the parties to the contractA labor cost increase
occurs when a party fails to perform certain express or implied obligations, which impairs or destroys the very essence of a contract.(1 Point)FraudMaterial breach of contractBreach of contractMisrepresentation
Upgrade your grade with Knowee
Get personalized homework help. Review tough concepts in more detail, or go deeper into your topic by exploring other relevant questions.