The topic of this podcast by Professor Scott J. Burnham is when a court will excuse satisfaction of a condition to avoid the harsh effects of forfeiture when a condition fails. It also looks at what happens when a court has determined that there is a condition and the failure of the condition might cause […]
Entries Tagged as 'excuse'
Excuse of Conditions: Discussions in Contracts
March 16th, 2021 · Comments Off on Excuse of Conditions: Discussions in Contracts · Contracts, Lawdibles Audio
Tags:§ 229·Clark v. West Publishing Company·conditions·divisible contract·excuse·excuse of condition·express conditions·implied conditions·restitution·waiver·West Publishing Company
Discussions in Contracts: Impossibility, Impracticability and Frustration
December 19th, 2017 · Comments Off on Discussions in Contracts: Impossibility, Impracticability and Frustration · Contracts, Lawdibles Audio
The topic of this podcast by Professor Jennifer Martin is impossibility, impracticability and frustration. Ordinarily we expect the parties to perform their contracts under the principle of pacta sunt servanda, meaning promises are to be kept. Contract law, though, does provide excuse for non-performance (meaning a party is not in breach) in the event of certain contingencies the […]
Tags:1L·Contracts·excuse·frustration·impossibility·impracticability·risk·unforeseen event
