Judicial Imperatives on Principle of Frustration in Contractual Relations: Theory and Praxis

  • Shyam Bahadur Karki
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  • Shyam Bahadur Karki

    Campus Chief & Associate Professor at Tribhuvan University Faculty of Law, Nepal

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Abstract

Whether the liabilities under the violation of contractual terms and conditions have certain limitational boundaries in terms of issuing the compensation to other parties at cost of default? The doctrine of frustration is product of judicial imperatives through the process of innovative approach to read lines and purpose of contractual relations. Whether the doctrine itself is rejected in modern commercial or contractual relations are largely based on growing tendencies at the international level where these impossibilities to performance by parties are materially substantiated. How to construe the doctrine of impossibility to performance and doctrine of frustration together is also challenging job seen as part of the contractual relations? The entire paradigm of practice of contract is developed based on judicial imperatives and also various narratives as in form of principles and doctrine are evolved through judicious mind considering the particular events. The traditional minds on reading the lines and words like party’s autonomy, choices, conflict, etc are not seen in standards parts of the contract so that whether these doctrine are still in relevant and need is justified in this paper.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 6, Page 703 - 714

DOI: https://doij.org/10.10000/IJLMH.118572

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