Events after K (just for nonperf) Flashcards
1
Q
Impossibility/Impracticability
A
- Event made perf as agreed upon implacticable/impossible 2. Nonoccurrence basic assumption of K 3. Party seeking relief not at fault 4. Agreement or circumstances do not indicate to the contrary
2
Q
Frustration of purpose (elements)
A
- Did event substantially frustrate the principal purpose of K 2. Nonoccurrence basic assumption of K 3. Party seeking relief not at fault 4. Agreement or circumstances do not indicate to the contrary
3
Q
Force Majeure Clause
A
Parties agree to excuse performance based upon specified contingencies
4
Q
Impossibility/Impracticability (what parties assume and dont assume)
A
Parties do assume death or incapacity, govt intervention, natural disasters, wars, etc. Parties do assume market shift/financial changes.
5
Q
Impossibility/Impracticability (Important to…)
A
ID the event