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Frustration of Contract
Auteur
:
Bruce MacDougall
This book is a comprehensive treatment of the law of frustration in Canada and is the first book on that subject. The book examines what circumstances lead to frustration (and which do not) and it discusses the consequences of frustration.
Langue de publication: English
Publié: 12 mars 2025
Éditeur: LexisNexis Canada
"This book is an excellent addition to the contracts section of any law library. MacDougall’s other texts are frequently consulted by my library users, and I imagine the same will be true with Frustration of Contract."
Reviewed by Susannah Tredwell, Manager of Library Services
DLA Piper (Canada) LLP
Read the review in the 2026 Canadian Law Library Review 51:1 (page 27-28)
Frustration of Contract is a comprehensive treatment of the law of frustration in Canada and is the first book on this subject matter. Frustration is perhaps the strongest legal intervention in a contract bringing it to a termination when an unexpected catastrophic event makes the contract radically different from that to which the parties agreed.
Frustration of Contract by Bruce MacDougall examines what circumstances lead to frustration (and which do not) and discusses the consequences of frustration. It also examines the use of force majeure clauses that obviate the need for the doctrine of frustration.
Topics Covered
- Nature of frustration
- Definition and other meanings of “Frustration"
- Frustration in relation to other contract doctrines
- Reasons for frustration
- Impossibility, illegality and restrictions, thwarted assumptions
- Factors militating against frustration
- Allocation of risk
- Construction of the contract and foreseeability
- Force Majeure clauses
- Self-generated circumstances
- Statutes pre-empting frustration
- Particular situations
- Contracts relating to land, goods, labour and shipping
- Procedural and evidentiary issues
- Pleading
- Evidence
- Estoppel
- Limitations
- Common law and statutory consequences
Who Should Read This Book
- Contract lawyers and civil litigation lawyers seeking to understand the intricacies of this crucial aspect of contract law so they can advise their clients on the possible outcomes and consequences arising from frustration of a contract
- Judges who can refer to this comprehensive resource to assist with their decision-making responsibilities
- Professors and law students who can use it as an additional course resource
Preface
Chapter 1: Nature of Frustration
§ 1.01 Development of the Doctrine
§ 1.02 Definitions
§ 1.03 Theoretical Underpinnings
§ 1.04 Relationship to Other Contract Doctrines
§ 1.05 Other Meanings of “Frustration"
§ 1.06 Organisation of the Book
Chapter 2: Reasons for Frustration
§ 2.01 Impossibility
§ 2.02 Illegality and Restrictions
§ 2.03 Thwarted Assumptions
Chapter 3: Factors Militating against Frustration
§ 3.01 Allocation of Risk—Including Construction of the Contract and Foreseeability (including Force Majeure clauses)
§ 3.02 Self-Generated Circumstances
§ 3.03 Statutes Pre-empting Frustration
Chapter 4: Particular Situations
§ 4.01 Land Contracts
§ 4.02 Goods Contracts
§ 4.03 Labour Contracts
§ 4.04 Shipping Contracts
Chapter 5: Procedural and Evidentiary Issues
§ 5.01 Pleading Issues
§ 5.02 Evidence and Timing of Evidence
§ 5.03 Estoppel and Estoppel-like Contexts
§ 5.04 Limitation Issues
Chapter 6: Consequences of Frustration
§ 6.01 Common Law Consequences
§ 6.02 Statutory Consequences
§ 6.03 Other Statutes
Table of Cases
Table of Statutes
Index
