First Principles of Business Law
Performance and breach of contract

6. Risk and Frustration

6.6. Frustration after part performance

 

 

 

Read the facts and the question and then choose the best answer.

A, a writer, agrees with B, a publisher, to go to eastern Europe and write a series of ten articles describing her travel experiences in five Balkan countries. B pays for the articles in advance, a sum of $10,000. After travelling in two countries and sending five articles to B, an outbreak of war in the Balkans makes further travel by A impossible.

Assuming further performance has been frustrated, is B entitled to recover some or all of the money paid to A for the articles?

(b) No. Frustration does not provide a legal basis for recovering money already paid for articles not received.

(a) Yes. There is a legal right in these circumstances to recover the money paid in advance for articles not received.

 

 

 

 

 

 

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