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Good Faith and Fault in Contract Law$
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Jack Beatson and Daniel Friedman

Print publication date: 1997

Print ISBN-13: 9780198265788

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198265788.001.0001

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Alternatives and Frustration

Alternatives and Frustration

(p.377) 15 Alternatives and Frustration
Good Faith and Fault in Contract Law

GH Treitel

Oxford University Press

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

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