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The Effects of Unexpected Circumstances—Impossibility, Impracticability, and Frustration

Melvin A. Eisenberg

in Foundational Principles of Contract Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199731404
eISBN:
9780199364718
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199731404.003.0045
Subject:
Law, Company and Commercial Law

In unexpected circumstances cases relief normally should be granted to the adversely affected party if the parties shared a tacit incorrect assumption that the nonoccurrence of some circumstance ... More


Shared Mistaken Factual Assumptions (“Mutual Mistakes”)

Melvin A. Eisenberg

in Foundational Principles of Contract Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199731404
eISBN:
9780199364718
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199731404.003.0043
Subject:
Law, Company and Commercial Law

Chapter 43 concerns mutual mistakes, or more accurately, shared mistaken factual assumptions. In analyzing this type of case it is useful to begin with shared mistaken factual assumptions that are ... More


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