Identify the factors courts consider in deciding the validity of ...

[MirandaLo]

Identify the factors courts consider in deciding the validity of commercial impracticability and frustration of purpose claims.

Question 2

If mediation is chosen as a form of dispute resolution, it will be:
 A) a mandatory process.
 B) binding on all the parties.
 C) a voluntary process.
 D) not available in international disputes.

[Qarqy]

Answer to Question 1

In deciding whether a change in circumstances should permit one side to escape its duties under the doctrines of commercial impracticability or frustration of purpose, courts consider the following: (a) mere financial difficulties will never suffice to discharge a contract; (b) the event which led to the claim must have been truly unexpected; and (c) if the promisor must use a different means to accomplish her task, at a greatly increased cost, she probably does have a valid claim of impracticability.

Answer to Question 2

C

[MirandaLo]

Thanks for the timely response, appreciate it

[coreycathey]

Gracias!