A Theory of Frustration and Its Effect

Liverpool Law Review (Forthcoming)

19 Pages Posted: 13 Apr 2022

See all articles by Sagi Peari

Sagi Peari

The University of Western Australia

Zamir Golestani

University of Western Australia Law School, Perth, Australia

Date Written: March 10, 2022

Abstract

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.

Keywords: Frustration; Covid-19; Unforeseen event; Reasonable foreseeability; Frustration remedy; Unjust enrichment

JEL Classification: K12; K41

Suggested Citation

Peari, Sagi and Golestani, Zamir, A Theory of Frustration and Its Effect (March 10, 2022). Liverpool Law Review (Forthcoming), Available at SSRN: https://ssrn.com/abstract=4054065 or http://dx.doi.org/10.2139/ssrn.4054065

Sagi Peari (Contact Author)

The University of Western Australia ( email )

35 Stirling Highway
Crawley, Western Australia 6009
Australia

Zamir Golestani

University of Western Australia Law School, Perth, Australia ( email )

Australia

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