Also known as: frustrated · frustrating · frustration of contract · doctrine of frustration
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A doctrine that discharges a party's remaining contractual duties when an unforeseen event occurring after formation substantially frustrates the principal purpose of the contract without the party's fault and the non-occurrence of that event was a basic assumption of the agreement.
A doctrine that discharges a party's remaining contractual duties when an unforeseen event occurring after formation substantially frustrates the principal purpose of the contract without the party's fault and the non-occurrence of that event was a basic assumption of the agreement.
Select any source to read its text and confirm it supports the definition.
The termination of an assault attempt that does not relieve the actor of liability once the victim has been placed in apprehension of imminent harmful or offensive contact.
Select any source to read its text and confirm it supports the definition.
The termination of an assault attempt that does not relieve the actor of liability once the victim has been placed in apprehension of imminent harmful or offensive contact.
Each sense below has its own examples, sources, and questions.
Fumiko Fujimoto rented a rooftop suite from Fusion Power for the sole purpose of viewing a scheduled parade. When the parade was cancelled due to an unexpected government order, her principal purpose was destroyed. The doctrine discharged her duty to pay the remaining rental balance.
Farah Fox contracted with Frontier Capital to lease a specific warehouse that the parties assumed would remain available. Unknown to either party at formation, a prior municipal order had already slated the building for demolition. The doctrine discharged Fox's duty to pay rent because the basic assumption failed at the time of contracting.
Fabian Flynn leased retail space from Frostline Textiles for a six-month pop-up shop. City construction blocked access for three weeks but then ended. The temporary frustration suspended his rent obligation during the closure but did not discharge the lease because performance afterward was not materially more burdensome.
Fusion Power orally agreed to provide consulting services to Fulton Shipping that could not be completed within one year. After two months of work the client terminated the arrangement. The service provider could still recover the reasonable value of services rendered even though the contract itself was unenforceable under the statute of frauds.
An unforeseen supervening event must substantially frustrate the party's principal purpose, the non-occurrence of which was a basic assumption of the contract, and the frustration must occur without the party's fault.
Supporting sources
No. Temporary frustration only suspends the duty to perform while the condition exists and does not discharge the duty unless performance afterward would be materially more burdensome than originally contemplated.
Supporting sources
Yes. A party may obtain restitution for benefits conferred even though the contract is unenforceable under the statute of frauds, unless the statute itself would be frustrated by allowing recovery.
Supporting sources
Francesca Fiore raised a bat toward Frederick Ferguson, causing him to fear an immediate blow. Before contact occurred, a bystander grabbed the bat and frustrated the swing. Fiore remained liable for assault because the apprehension had already been created.
Fatou Fall faced an attacker wielding a knife and responded with a single punch that caused only minor injury. The court evaluated whether the force threatened serious bodily harm under the self-defense standard. The analysis focused on the intended level of harm rather than the actual outcome.
No. Once the victim has been placed in apprehension of imminent harmful or offensive contact, the actor remains liable for assault even if the attempt is later terminated or frustrated.
Supporting sources
…"guilty" putative spouse receives one-half of the property under section 4452, no expectation of the "innocent" spouse has been frustrated. In a nonmarital relationship, on the other hand, the parties may expressly or tacitly determine to order their economic relationship in some other manner, and to impose community property…