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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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I don't really know where I want to end up practicing yet, but I've enjoyed living in the midwest so far. I think I might ultimately like to end up as in-house corporate for the work life balance.
ParallelAgreeableOrangutan
11:53
I lived in Bloomington for a long time, can't speak to the law school but can answer Qs about the city if you'd like
@ParallelAgreeableOrangutan: How do you think it is to live in as a 20-something going to grad school? The comparison is Iowa city, so not an extremely high bar for liveliness. (No offense intended towards IC. I think it's a lovely place)
NosyBeagle
11:56
@NemoPropheta: taking it in august. feels like ill never be ready but f it we ball
I think the secret to happiness is fuck it we ball
is one ever truly ready for something? probably not. but fuck it we ball!
12:20
I went ahead and registered for August as well since it was free
12:20
Getting 2 180s back to back is better than one right
ronniedoeslaw
12:26
In all of your research, what minimum LSAT score do you believe gets you into UIC law?
12:27
I remember the last guy on here who was convinced he was gonna get a 180 bc he scored in that range on PTs
12:28
🤐
12:29
ugh someone come rub my bellly
12:33
@esoterica: he wasnt on that grindset mentality. im him
12:34
Im gonna drink so much saratoga water on test day
ParallelAgreeableOrangutan
12:43
@LawOfAchilles: (hiii sorry so slow, am at work) Bloomington is lovely, I loved it as an undergrad and as a 20something non-student.
ParallelAgreeableOrangutan
12:45
If you're outdoorsy, it's nice--obv no coasts or mountains, but two small lakes really close, lots of places you can go on a lowkey hike or camp without paying park fees or anything really
ParallelAgreeableOrangutan
12:47
super bikable, decent food to be had, things to do but not so much that you'll be distracted and never study lol. idk I'm a fan haha, I miss it
lmao I just got the LSAC notif that I'm under review at IU Maurer
ParallelAgreeableOrangutan
13:11
May you have better luck than I did :)
YAYYY JUPITER
@LawOfAchilles: if you like the outdoors, you're gonna love bloomington.
both uiowa and iu have a good reputation, especially with midwestern law firms. their alumni resources are pretty top notch too.
14:11
Hey guys, are any T14 schools doing tours during the summer?
NosyBeagle
14:24
@NemoPropheta: the lsat was free for you? lucky
14:26
who else piss on the floor during their lsat
sloth i gotta know about caesar beans
14:35
@NosyBeagle: yeah you just have to be poor and then they let you take it for free twice
NosyBeagle
14:54
ah ok it's a fee waiver. i think ill do that
NosyBeagle
14:54
the test got more expensive since the last time i took it
NosyBeagle
14:54
smh
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