Does a plaintiff have a right to rescission under the doctrine of frustration?

California, United States of America


The following excerpt is from Guthrie v. Times-Mirror Co., 124 Cal.Rptr. 577, 51 Cal.App.3d 879 (Cal. App. 1975):

7 Nor do the facts in the case at bench establish plaintiffs' right to rescission under the doctrine of frustration. The doctrine of frustration applies when performance is possible but a supervening fortuitous event has destroyed the expected nature of performance to the party seeking avoidance; the doctrine is limited to cases of extreme hardship where the subsequent unanticipated event almost totally destroys the value of the consideration to be rendered. (Lloyd v. Murphy, supra, 25 Cal.2d 48, 153 P.2d 47.) The facts alleged in the case at bench fall far short of pleading a case for the application of the doctrine of frustration.

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