The Doctrine of Frustration

question 41

Multiple Choice

The Doctrine of Frustration

• A) can be applied in cases where the subject matter did not exist at the time of the agreement.
• B) only applies where there is a Frustrated Contracts Act.
• C) is a practical and reasonable solution to be imposed by a court under extreme circumstances that were not contemplated by the contracting parties.
• D) If not applied, discharges the plaintiff from her contractual obligations.
• E) could be applied successfully as a defense in a case where honoring contractual obligations would bring hardship upon the promisor.

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Definitions:

Design Defect

A flaw in the design of a product that makes it unsafe or unfit for its intended use.

Consumer Expectations Test

A legal standard used to determine product liability based on whether a product meets the ordinary expectations of a consumer.

Feasible Alternatives Test

The feasible alternatives test is a legal or regulatory principle that requires the consideration of practical and possible options before proceeding with actions that may have significant effects or risks.

Product Liability Law

The legal rules concerning who is responsible for defective or dangerous products sold to consumers.