Roger contracted to buy a silver mining company. After contracting, the price of silver fell sharply making it unprofitable to mine silver. Prior to contracting, Roger was aware that the price of silver could fall sharply which would negatively affect the value of the mining company.
Contracts can be discharged (cancelled) by numerous methods as outlined in chapter 19. This means that the party's contractual duties are discharged usually without legal ramifications. Two of these methods are commercial impracticability and frustration of purpose.
1. Explain when a contract is discharged under the doctrine of commercial impracticability.
2. Explain when a contract is discharged under the doctrine of frustration of purpose.
3. Is Roger's contract to purchase the silver mining company discharged under either of these 2 doctrines? Explain.