Question
In which of the following cases the doctrine of
supervening impossibility will not apply?Solution
There are some grounds which have become established as to when the Doctrine of Frustration can be invoked. They are: • Destruction of the subject Matter • Destruction of a thing (other than the subject matter) But essential for the performance of the contract • Unavailability of the subject matter or the thing essential for the performance of the contract • When the method of performance becomes Impossible • Death of the party • War • Strike • Export/Import Prohibitions • Change of Circumstances.
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I. Time risk
...
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