Frustration of Purpose

Description: Frustration of Purpose Quiz
Number of Questions: 15
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Tags: contract law frustration of purpose
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What is the legal doctrine of frustration of purpose?

  1. A legal doctrine that excuses a party from performing a contract when the purpose of the contract is frustrated.

  2. A legal doctrine that allows a party to terminate a contract if the other party fails to perform their obligations.

  3. A legal doctrine that allows a party to rescind a contract if there is a mistake of fact.

  4. A legal doctrine that allows a party to avoid a contract if there is duress or undue influence.


Correct Option: A
Explanation:

Frustration of purpose is a legal doctrine that excuses a party from performing a contract when the purpose of the contract is frustrated. This can occur when an unforeseen event makes it impossible or impracticable to perform the contract, or when the purpose of the contract is frustrated by a change in circumstances.

What are the elements of frustration of purpose?

  1. There must be a contract.

  2. The purpose of the contract must be frustrated.

  3. The frustration must be unforeseen.

  4. The frustration must be caused by an event that is beyond the control of the parties.

  5. All of the above.


Correct Option: E
Explanation:

In order for frustration of purpose to be successful, there must be a contract, the purpose of the contract must be frustrated, the frustration must be unforeseen, and the frustration must be caused by an event that is beyond the control of the parties.

What are the consequences of frustration of purpose?

  1. The contract is discharged.

  2. The parties are excused from performing their obligations.

  3. The parties are entitled to damages.

  4. All of the above.

  5. None of the above.


Correct Option: D
Explanation:

The consequences of frustration of purpose are that the contract is discharged, the parties are excused from performing their obligations, and the parties are entitled to damages.

What are some examples of frustration of purpose?

  1. A contract to purchase a house is frustrated when the house is destroyed by a fire before the closing date.

  2. A contract to provide catering services for a wedding is frustrated when the wedding is canceled due to a pandemic.

  3. A contract to transport goods from one country to another is frustrated when the border between the two countries is closed due to a war.

  4. All of the above.

  5. None of the above.


Correct Option: D
Explanation:

Examples of frustration of purpose include a contract to purchase a house that is destroyed by a fire before the closing date, a contract to provide catering services for a wedding that is canceled due to a pandemic, and a contract to transport goods from one country to another that is frustrated when the border between the two countries is closed due to a war.

What are some defenses to frustration of purpose?

  1. The frustration was foreseeable.

  2. The frustration was caused by the party seeking to avoid the contract.

  3. The frustration was caused by a third party.

  4. All of the above.

  5. None of the above.


Correct Option: D
Explanation:

Defenses to frustration of purpose include the frustration was foreseeable, the frustration was caused by the party seeking to avoid the contract, and the frustration was caused by a third party.

What is the difference between frustration of purpose and impossibility?

  1. Frustration of purpose is a subjective doctrine, while impossibility is an objective doctrine.

  2. Frustration of purpose is caused by an unforeseen event, while impossibility is caused by an event that is foreseeable.

  3. Frustration of purpose excuses the parties from performing their obligations, while impossibility does not.

  4. All of the above.

  5. None of the above.


Correct Option: D
Explanation:

Frustration of purpose is a subjective doctrine, while impossibility is an objective doctrine. Frustration of purpose is caused by an unforeseen event, while impossibility is caused by an event that is foreseeable. Frustration of purpose excuses the parties from performing their obligations, while impossibility does not.

What is the difference between frustration of purpose and commercial impracticability?

  1. Frustration of purpose is a common law doctrine, while commercial impracticability is a statutory doctrine.

  2. Frustration of purpose is caused by an unforeseen event, while commercial impracticability is caused by a foreseeable event.

  3. Frustration of purpose excuses the parties from performing their obligations, while commercial impracticability does not.

  4. All of the above.

  5. None of the above.


Correct Option:
Explanation:

Frustration of purpose is a common law doctrine, while commercial impracticability is a statutory doctrine. Frustration of purpose is caused by an unforeseen event, while commercial impracticability is caused by a foreseeable event. Frustration of purpose excuses the parties from performing their obligations, while commercial impracticability does not.

What are some of the factors that courts consider when determining whether a contract has been frustrated?

  1. The nature of the contract.

  2. The purpose of the contract.

  3. The circumstances surrounding the frustration.

  4. The foreseeability of the frustration.

  5. The impact of the frustration on the parties.

  6. All of the above.


Correct Option: F
Explanation:

When determining whether a contract has been frustrated, courts consider the nature of the contract, the purpose of the contract, the circumstances surrounding the frustration, the foreseeability of the frustration, and the impact of the frustration on the parties.

What are some of the remedies that are available for frustration of purpose?

  1. Rescission.

  2. Damages.

  3. Specific performance.

  4. Injunction.

  5. All of the above.

  6. None of the above.


Correct Option: E
Explanation:

The remedies that are available for frustration of purpose include rescission, damages, specific performance, and injunction.

What is the significance of frustration of purpose in contract law?

  1. It provides a way for parties to avoid performing contracts that have become impossible or impracticable to perform.

  2. It protects the parties from financial hardship.

  3. It promotes fairness and justice in contract law.

  4. All of the above.

  5. None of the above.


Correct Option: D
Explanation:

Frustration of purpose provides a way for parties to avoid performing contracts that have become impossible or impracticable to perform. It protects the parties from financial hardship and promotes fairness and justice in contract law.

What are some of the challenges associated with the doctrine of frustration of purpose?

  1. It can be difficult to determine whether a contract has been frustrated.

  2. The doctrine can be unpredictable.

  3. It can be difficult to determine the appropriate remedy for frustration of purpose.

  4. All of the above.

  5. None of the above.


Correct Option: D
Explanation:

Some of the challenges associated with the doctrine of frustration of purpose include the difficulty in determining whether a contract has been frustrated, the unpredictability of the doctrine, and the difficulty in determining the appropriate remedy for frustration of purpose.

What are some of the recent developments in the law of frustration of purpose?

  1. Courts are becoming more willing to find frustration of purpose.

  2. Courts are becoming more willing to award damages for frustration of purpose.

  3. Courts are becoming more willing to grant specific performance for frustration of purpose.

  4. All of the above.

  5. None of the above.


Correct Option: D
Explanation:

Some of the recent developments in the law of frustration of purpose include courts becoming more willing to find frustration of purpose, courts becoming more willing to award damages for frustration of purpose, and courts becoming more willing to grant specific performance for frustration of purpose.

What is the future of the doctrine of frustration of purpose?

  1. The doctrine is likely to continue to be a part of contract law.

  2. The doctrine is likely to be replaced by other doctrines, such as impossibility and commercial impracticability.

  3. The doctrine is likely to be abolished.

  4. None of the above.


Correct Option: A
Explanation:

The doctrine of frustration of purpose is likely to continue to be a part of contract law. It is a well-established doctrine that provides a way for parties to avoid performing contracts that have become impossible or impracticable to perform.

What are some of the key cases that have shaped the law of frustration of purpose?

  1. Taylor v. Caldwell (1863).

  2. Krell v. Henry (1903).

  3. Fibrosa Spolka Akcyjna v. Fairbairn Lawson Combe Barbour, Ltd. (1943).

  4. All of the above.

  5. None of the above.


Correct Option: D
Explanation:

Some of the key cases that have shaped the law of frustration of purpose include Taylor v. Caldwell (1863), Krell v. Henry (1903), and Fibrosa Spolka Akcyjna v. Fairbairn Lawson Combe Barbour, Ltd. (1943).

What are some of the resources that are available to learn more about frustration of purpose?

  1. Law textbooks.

  2. Law journals.

  3. Legal databases.

  4. Online resources.

  5. All of the above.


Correct Option: E
Explanation:

There are a number of resources that are available to learn more about frustration of purpose, including law textbooks, law journals, legal databases, and online resources.

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