IT MAY NOT BE IMPOSSIBLE, BUT IT IS FRUSTRATING—USING THE DOCTRINE OF FRUSTRATION OF PURPOSE TO EXCUSE PERFORMING UNDER A CONTRACT
In the new reality where we find ourselves, many people have reviewed their contracts to see if there is a “force majeure” clause that will excuse performance until life returns to normal. What if your contract doesn’t have that clause? The next step is to rely on the doctrine of “impossibility of performance.” This is...