Chapter

Alternatives and Frustration

GH Treitel

in Good Faith and Fault in Contract Law

Published in print August 1997 | ISBN: 9780198265788
Published online March 2012 | e-ISBN: 9780191682964 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198265788.003.0015
Alternatives and Frustration

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This chapter on alternative obligations considers contracts which give one of the parties the right to choose between two or more ways of rendering performance. It discusses the general rule that a party is not excused when one alternative becomes impossible or illegal after the contract is made, and the exceptions to it. One exception is where the contract creates a liberty to substitute rather than a true alternative. It analyses how courts have distinguished between the two situations. It also considers alternative methods of discharge, and alternative and contingent obligations.

Keywords: contract law; alternative obligations; contractual obligations

Chapter.  10261 words. 

Subjects: Civil Law

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