Frustration of Purpose

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An affirmative defense in civil cases in which unexpected circumstances frustrated the original purpose for which the parties first entered into the contract

Frustration of purpose is a contract rule that is a defense to the enforcement of the contract.

Example: A contract is entered into for the purchase of a home by a future date. Before the sale is made, the home burns down. The seller has nothing to sell and the buyer has nothing to buy. The purpose of the contract has been rendered frustrated. The seller will be prevented from enforcing the promise since the title to the property had not yet been passed to the buyer.

In some cases, the unexpected breach comes from a deficiency in the sellers warranty of the product, without which the seller’s promises under the contract are rendered unenforceable and voidable under the doctrine of frustration of purpose.

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