Commercial frustration is a legal concept that can affect businesses in many ways. Simply put, it is a term used to describe a situation in which an unavoidable event prevents a contract from being fulfilled. This could be the result of an act of God, a government intervention, or a major change in circumstances. In these cases, the contract is no longer binding and the parties involved are released from their prior obligations.
Examples of Commercial Frustration
A well-known example of commercial frustration occurred in 2020 due to the COVID-19 pandemic. Businesses across the world were heavily impacted through government-mandated lockdowns, resulting in a drastic reduction of profits and eventually, for some, the total cessation of trade. As governments around the world legislated mandatory business closures, many contracts had to be cancelled due to commercial frustration as the parties involved could no longer fulfill their obligations.
Another example of commercial frustration can be seen in the case of a severe weather event, such as a flood or hurricane, that prevents a contracted service from being provided. In this case, the contract is deemed to be frustrated as the force majeure clause is triggered, allowing the parties involved to be released from their prior obligations.
Implications of Commercial Frustration
The implications of commercial frustration can be far-reaching. It can lead to financial losses, contract disputes, and other legal issues. Businesses should consider the potential for commercial frustration when negotiating contracts and ensure that provisions are included to protect both parties should such an event occur. It is also a good idea for businesses to review their contracts regularly to ensure they are up to date and adequate protection is in place.
It is important to remember that commercial frustration is not an excuse to breach a contract. If an event does occur that prevents a contract from being fulfilled, the parties involved should take the necessary steps, such as seeking legal advice, to resolve the issue as soon as possible.
Conclusion
Commercial frustration is an important concept as it can have major implications for businesses. Understanding this concept and its impact can help business owners and managers ensure their contracts are adequately protected should they be affected by an event of commercial frustration.