A Theory of Frustration and Its Effect

One of the key legal questions that COVID-19 has raised relates to the status of the traditional contractual doctrine of frustration. The pandemic and the ongoing lockdowns across the globe have made it difficult for many contracts to perform. At the same time, there is a deep doctrinal and conceptu...

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Autores principales: Peari, Sagi, Golestani, Zamir R.
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Springer Netherlands 2022
Materias:
Article
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9216286/
https://www.ncbi.nlm.nih.gov/pubmed/35757386
http://dx.doi.org/10.1007/s10991-022-09305-7
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author Peari, Sagi
Golestani, Zamir R.
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Golestani, Zamir R.
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description One of the key legal questions that COVID-19 has raised relates to the status of the traditional contractual doctrine of frustration. The pandemic and the ongoing lockdowns across the globe have made it difficult for many contracts to perform. At the same time, there is a deep doctrinal and conceptual confusion with respect to the very essentials of this doctrine and its remedy - i.e., what happens after an adjudicative tribunal declares that a given contract has been frustrated. The paper offers a unified conceptual account of the frustration doctrine and claims that both the doctrine and its remedy crystallize a single unifying idea.
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spelling pubmed-92162862022-06-22 A Theory of Frustration and Its Effect Peari, Sagi Golestani, Zamir R. Liverp Law Rev Article One of the key legal questions that COVID-19 has raised relates to the status of the traditional contractual doctrine of frustration. The pandemic and the ongoing lockdowns across the globe have made it difficult for many contracts to perform. At the same time, there is a deep doctrinal and conceptual confusion with respect to the very essentials of this doctrine and its remedy - i.e., what happens after an adjudicative tribunal declares that a given contract has been frustrated. The paper offers a unified conceptual account of the frustration doctrine and claims that both the doctrine and its remedy crystallize a single unifying idea. Springer Netherlands 2022-06-22 2022 /pmc/articles/PMC9216286/ /pubmed/35757386 http://dx.doi.org/10.1007/s10991-022-09305-7 Text en © The Author(s) 2022 https://creativecommons.org/licenses/by/4.0/ Open AccessThis article is licensed under a Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons licence, and indicate if changes were made. The images or other third party material in this article are included in the article’s Creative Commons licence, unless indicated otherwise in a credit line to the material. If material is not included in the article’s Creative Commons licence and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/ (https://creativecommons.org/licenses/by/4.0/) .
spellingShingle Article
Peari, Sagi
Golestani, Zamir R.
A Theory of Frustration and Its Effect
title A Theory of Frustration and Its Effect
title_full A Theory of Frustration and Its Effect
title_fullStr A Theory of Frustration and Its Effect
title_full_unstemmed A Theory of Frustration and Its Effect
title_short A Theory of Frustration and Its Effect
title_sort theory of frustration and its effect
topic Article
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9216286/
https://www.ncbi.nlm.nih.gov/pubmed/35757386
http://dx.doi.org/10.1007/s10991-022-09305-7
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