Abstract
Two competing conceptions of contractual obligation dominate modern contract theory. “Neo-classical” scholars characterise contracts primarily as self-imposed, promissory obligations, while “progressive” scholars contend that contracts are primarily state-imposed obligations that have more in common with restitution and tort. Most theorists, located somewhere between these poles, divide the contractual domain into zones of self- and state-imposed obligations but disagree about where to draw the border. This essay considers one of the difficult border areas, the law of impossibility, frustration and mistake, which it will refer to collectively as “excuse”.
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