Overview

Commercial litigation is witnessing greater use of the doctrine of frustration as an argument to avoid contractual performance. This is particularly true in circumstances where parties are seeking to extricate themselves from contracts formed in more favourable economic conditions. Given current economic forecasts this trend is likely to continue.

In this briefing, Shoosmiths outline how in the right circumstances, these events are capable of being seized as potential exit routes for a contracting party who might use them to assert that a contract has been frustrated and they are no longer able to perform their obligations.

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