Excuse

Question 1

Mistake

Answer 1

Mistake requires a mistake as to a basic assumption, material effect, affects the adverse party, and non-allocation of risk.

Question 2

Excuse

Answer 2

Breach of a promise by one party may or may not excuse the other party’s duty to perform under the contract. Nonfulfillment of a condition
normally will excuse a duty to perform that was subject to the condition.

Question 3

Excuse Doctrines

Answer 3

Excuse doctrines– circumstances either existed at the time of contract formation (mistake)
or occurred after the time of contract formation (impossibility, impracticability, frustration) that was unanticipated or unforeseen by the parties to the contract.

Question 4

Impossibility

Answer 4

The impossibility doctrine applies when a circumstance occurs, which was not anticipated by the parties, that makes performance impossible.

Question 5

Impracticability

Answer 5

Impracticability requires an unanticipated event, non-allocation of risk and undue burden.

Question 6

Frustration

Answer 6

The first element of frustration requires a joint purpose, known by both parties, which has become pointless.