Question

In which of the following cases the doctrine of supervening impossibility will not apply?

A Partial impossibility Correct Answer Incorrect Answer
B Civil disturbances Correct Answer Incorrect Answer
C Impossibility due to behaviour of third person Correct Answer Incorrect Answer
D All of the above Correct Answer Incorrect Answer

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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