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Simple English definitions for legal terms

commercial frustration

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A quick definition of commercial frustration:

Commercial frustration is when something unexpected happens after making a contract that makes it impossible or financially unreasonable to follow through with the agreement. This is different from impossibility, which means it is physically impossible to fulfill the contract. To use commercial frustration as an excuse for breaking a contract, the event must have destroyed the value or purpose of the contract for one party, and that party could not have caused or predicted the event. However, it can be difficult to determine when an event is unforeseeable, and the rules vary by state. For example, if someone signed a lease for a car lot and then the government restricted car sales due to World War II, the court might not consider this commercial frustration because it was foreseeable, even though it was an extraordinary event.

A more thorough explanation:

Commercial frustration is a legal term used to describe a situation where a contract becomes impossible or impractical to perform due to unforeseeable events that occur after the contract is made. It is also known as frustration of purpose or impracticability.

Unlike impossibility, which applies when performance is actually impossible, commercial frustration applies when intervening circumstances make the contract useless or financially absurd to perform for one party.

For commercial frustration to apply, the event must essentially destroy all value or purpose of the contract for one party. An event that only causes major loss to one party would not suffice. Additionally, the party claiming commercial frustration could not be the cause of or have any warning of the event.

For example, if a company contracts with a supplier to provide a specific type of raw material for a product, but a natural disaster destroys the supplier's factory and makes it impossible to provide the material, the company may be able to claim commercial frustration and be released from the contract.

However, if a car lot owner signs a lease for a lot during World War II, when the public feared government restrictions on car sales, and the restrictions are actually implemented, the court may not find commercial frustration applies because the event was foreseeable, even though it was extraordinary. This was the case in Lloyd v. Murphy.

commercial exploitation | commercial law

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yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
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