Abstract

The author considers the operation of the doctrine of frustration in English law and the limitations of its application. The paper analyses the legal foundations on which the English courts rely in applying the doctrine of frustration and concludes that the best foundation for its application is the construction of the particular contract, which determines the content of the parties’ obligations. The paper considers the effect of the doctrine on commercial contracts concluded under the Sale of Goods Act 1979. The author compares the English frustration and the Russian institution enshrined in article 451 of the Civil Code of the Russian Federation.

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