Conditions Required to Establish Doctrine of Frustration
To establish the Doctrine of Frustration, the following conditions must be present in a contract:
- A valid contract must exist between the parties and all the essential elements of the valid contract should be present.
- The contract is not executed and the performance of the contract is unperformed.
- Performance of the contract becomes impossible due to certain unforeseen events.
- The impossibility of performance must have occurred due to uncontrollable events which are beyond the control of the parties.
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