commercial frustration

commercial frustration
commercial frustration n: frustration

Merriam-Webster’s Dictionary of Law. . 1996.

commercial frustration
An unforeseen and uncontrollable event that excuses a party to a contract from performing his or her duties under that contract. For example, a landlord can break a lease if the property she agreed to rent accidentally burns down before the tenants move in.
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Nolo’s Plain-English Law Dictionary. . 2009.

commercial frustration

Webster's New World Law Dictionary. . 2000.

commercial frustration
   an unforeseen uncontrollable event which occurs after a written or oral contract is entered into between parties, and makes it impossible for one of the parties to fulfill his/her duties under the contract. This circumstance allows the frustrated party to rescind the contract without penalty. Such frustration (called frustration of purpose) could include the destruction by fire of the goods to be purchased, the denial of a permit to construct a building by a potential buyer, or denial of an application for a zoning variance to allow expansion by a contractor.

Law dictionary. . 2013.

Look at other dictionaries:

  • commercial frustration — An event which excuses nonperformance of a contract because it substantially frustrates the objects contemplated by the parties when they made the contract; an event which robs the contract of a foundation. 17 Am J2d Contr § 401. A prime example… …   Ballentine's law dictionary

  • commercial frustration —    An unforeseen and uncontrollable event that renders a party to a contract unable to carry out his or her contractual duties. The nonoccurrence of the event must be a basic assumption of the parties when the contract is signed. Also known as… …   Business law dictionary

  • commercial frustration — Excuse of party from performance if contract depends on existence of given person or thing and such person or thing perishes, and if contract is rendered impossible by act of God, the law, or other party. Wood v. Bartolino, 48 N.M. 175, 146 P.2d… …   Black's law dictionary

  • frustration of purpose — n. A situation that arises when a condition that was part of a contract does not occur, through no fault of either party, but the condition was the reason for one party entering the contract in the first place; can be cause for terminating the… …   Law dictionary

  • frustration — frus·tra·tion /ˌfrəs trā shən/ n 1 a: the act of frustrating b: the state or an instance of being frustrated c: something that frustrates 2: a common law doctrine of contract law: parties to a contract may be excused from performance even though… …   Law dictionary

  • commercial — com·mer·cial adj: of or relating to commerce commercial regulations com·mer·cial·ly adv Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. commercial …   Law dictionary

  • Frustration of purpose — Contract law Part …   Wikipedia

  • frustration — The prevention of accomplishment of purpose. See commercial frustration; frustrated expectations …   Ballentine's law dictionary

  • frustration of contract — See commercial frustration …   Ballentine's law dictionary

  • commercial impracticable — Words which depict a situation involved in the performance of a contract which could not have been within the contemplation of the parties at the time the contract was made. Naylor, B. & Co. v Krainische Industrie Gesellschaft (Eng) 118 LT NS 442 …   Ballentine's law dictionary

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