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Author Question: Identify the factors courts consider in deciding the validity of commercial impracticability and ... (Read 185 times)

MirandaLo

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on: Jun 24, 2018
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.


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Qarqy

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Reply #1 on: Jun 24, 2018
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

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Reply 2 on: Jun 24, 2018
:D TYSM

Jsherida

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Reply 3 on: Yesterday
Wow, this really help

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