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A Critical Analysis Of The Doctrine Of Frustration And Its Application When Unforeseen Events Render


By Sri Bala Lasya Pusuluri, Jagarlamudi Chandramouli College Of Law, Andhra Pradesh.*


Abstract

This paper provides a comprehensive analysis of the doctrine of frustration and its application when unforeseen events render contracts impossible to perform. It explores the historical development of the doctrine, its underlying principles, and relevant legal precedents that have shaped its interpretation. The essential elements and criteria for establishing frustration are examined, along with their significance in determining the doctrine's applicability. Real-life case studies, including the COVID-19 pandemic and event cancellations, are analysed to illustrate the practical application of frustration. The paper also critiques the doctrine, highlighting its strengths, limitations, potential ambiguities, and inconsistencies in judicial interpretations. Additionally, alternative approaches, such as force majeure clauses, impracticability, hardship doctrines, and the principle of good faith and fair dealing, are compared and contrasted with the doctrine of frustration, considering their advantages and disadvantages. The paper concludes by offering recommendations for enhancing the doctrine, suggesting potential legislative or contractual changes, and highlighting emerging trends in contract law that may shape its future application.

 

* The author is a second-year student pursuing LL.B. from Jagarlamudi Chandramouli College Of Law affiliated to Acharya Nagarjuna University, Andhra Pradesh.


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Journal Details
Abbreviation: NLR 

ISSN:   2582-8479 (O)

Year of Starting: 2020

Place: New Delhi, India

Accessibility: Open Access

Peer Reviewer: Double Blind

Licensing:

 

​All research articles published in NLR and are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution, and reproduction in any medium provided the original work is properly cited.

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