Contract Law · defense

Elements of Frustration Of Purpose

Quick Answer

What are the elements of Frustration Of Purpose?

Frustration of purpose is a legal doctrine that allows a party to a contract to be excused from performance due to a significant change in circumstances that fundamentally defeats the contract's intended purpose. To succeed on this claim, the frustrating event must be unforeseen and not due to the fault of the party seeking relief.

Required Elements

1. Existence of a Contract

There must be a valid contract in place between the parties ceasing performance.

What to prove: The party asserting frustration of purpose must show that a valid and enforceable contract existed at the time of the frustrating event.

2. Underlying Purpose

The contract must have an underlying purpose that was known to both parties at the time of formation.

What to prove: The claimant must demonstrate that the purpose of the contract was a shared understanding that was integral to entering into the agreement.

3. Frustrating Event

An unforeseen event must have occurred that substantially frustrates the contract's purpose.

What to prove: The party must establish that the event was not anticipated and fundamentally altered the nature of the contractual obligations, rendering them ineffective.

4. Causation

There must be a clear causal link between the frustrating event and the inability to fulfill the contract.

What to prove: The claimant must prove that the frustrating event directly caused the failure to perform under the contract.

5. Not Due to Fault of the Party

The frustrating event must not be the fault of the party invoking frustration.

What to prove: The party claiming frustration cannot be responsible for the occurrence of the event affecting the contract.

Burden of Proof

The burden of proof typically lies with the party invoking the frustration of purpose doctrine. They must meet the standard of preponderance of the evidence.

Available Defenses
  • If the event was foreseeable
  • If the party contributed to the frustrating event
Common Fact Patterns
  • A lease agreement for an event where the venue becomes unavailable due to a natural disaster.
  • A contract for the sale of goods that becomes impossible due to a governmental import ban.
Exam Tip

Focus on identifying the factual underpinnings that led to the frustration and be prepared to analyze the contract’s purpose under exam scenarios.

Key Cases
  • Corpe v Overton
  • Freeman & Lockyer v. Buckhurst Park Properties
  • Island Properties v. Amalgamated Investment & Property

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