Open main menu
Home
Random
Recent changes
Special pages
Community portal
Preferences
About Wikipedia
Disclaimers
Incubator escapee wiki
Search
User menu
Talk
Dark mode
Contributions
Create account
Log in
Editing
Impossibility of performance
(section)
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
==Australia== Frustration usually involves impossibility of performance.<ref>As to impossibility of performance in Australia, see Bradford A Caffrey, "Impossibility: Frustration Doctrine", Guidebook to Contract Law in Australia, [https://books.google.com/books?id=rH1RAQAAIAAJ 4th Edition], CCH Australia, 1991, chapter 14, p 357; J W Carter and D J Harland, "Impossibility of Performance", Contract Law in Australia, [https://books.google.com/books?id=33VAAQAAIAAJ Third Edition], Butterworths, 1996, p 715; "Impossibility of Performance"/"Impossibility", The Australian Digest, 2nd Edition, Law Book Company of Australasia, 1966, [https://books.google.com/books?id=DD1AAQAAIAAJ vol 6], divn 4 of "VII Contracts", col 394; Stewart, Swain and Fairweather, Contract Law: Principles and Context, Cambridge University Press, 2019, [https://books.google.com/books?id=uzCdDwAAQBAJ&pg=PA277 p 277] et seq; Yorston and Fortescue, "Impossibility of Performance", Australian Mercantile Law, [https://books.google.com/books?id=afjzAAAAMAAJ 15th Ed], 1978, p 104; "Impossibility of Performance arising from an Act of State" (1916) [https://books.google.com/books?id=4HdFAQAAMAAJ 38] Australian Law Times 5 (22 July 1916); and Yin, Kozlina, Green, Siliquini-Cinelli, Laryea and Spagnolo, "Contracts which are impossible to perform", Contract Law: Cases and Materials, 2021 chapter 15.2.5, [https://books.google.com/books?id=P0_6DwAAQBAJ&pg=PA483 p 483].</ref> As to whether the non-existence of the subject matter of a contract constitutes (initial) impossibility of performance, see [[McRae v Commonwealth Disposals Commission]].<ref>The Australian Digest, 2nd Ed, 1966, [https://books.google.com/books?id=DD1AAQAAIAAJ vol 6], col 404. (1951) [https://books.google.com/books?id=g-tOAQAAIAAJ 45] Queensland Justice of the Peace and Local Authorities' Journal 149 and 173.</ref> Cf. [[Res extincta]].
Edit summary
(Briefly describe your changes)
By publishing changes, you agree to the
Terms of Use
, and you irrevocably agree to release your contribution under the
CC BY-SA 4.0 License
and the
GFDL
. You agree that a hyperlink or URL is sufficient attribution under the Creative Commons license.
Cancel
Editing help
(opens in new window)