Force majeure, the principle of change of circumstances, and the doctrine of frustration during the COVID-19 pandemic: the case of commercial leases and judicial responses in China and New Zealanddoi:10.1080/20517483.2024.2304470Force majeure
This paper analyses the application of force majeure, the principle of change of circumstances, and the doctrine of frustration in the context of the COVID-19 pandemic in New Zealand and China. The paper will first outline the general legal test and legal consequences of the three doctrines. ...
Most human beings have little difficulty conjuring up their own purple-hued vision of the ultimate in human existence – very often a pleasing combination of wealth, status and power, with freedom from frustration, both mentally and sexually. If this vaguely fits your concept of happiness, you ...
ImpossibilityImpracticabilityFrustration上述单词均可用作违约之诉的辩护理由。它们的区别在于impossibility(也称为impossibility of performance)为合同的履行不能,是合同法中一原则,指因无法抗拒的情况发生,如合同必要的执行人死亡、合同变为非法等。impracticability为“履约的不实际性”(也称为 com... ...
Heal me with your mouth. The art of kissing When on 1 July, today, the Holy See released a list of his previous works, for some reason that one wasn’t on the list. He is 60 years of age. When made a Cardinal, it’ll be 20 years before he cannot vote. ...
One of the nine judges disqualified himself; the other eight voted in a 4-4 deadlock; and (adding more frustration) no opinion on the case was written. So the Supreme Court’s decision in no way settled the matter—and neither will the new law. The provisions of the new law that ...
It explores the role of this concept as embodied in the doctrines of frustration, common mistake, discharge by breach, as well as fundamental breach in the context of exception clauses 鈥 in particular, how 'radicalism' with regard to these doctrines can be viewed from the (integrated) ...
Frustrated with Preemption: Why Courts Should Rarely Displace State Law Under the Doctrine of Frustration PreemptionIn recent years, the Supreme Court's docket has been replete with preemption cases. Indeed, it is fair to say that the preemption of state law by federal law hLeske, Kevin O....
Alabama demonstrates pre-Teague frustration. This article addresses two questions. First, based on Supreme Court precedent, whether Miller v. Alabama should apply retroactively to inmates seeking habeas relief. Second, based on the trending recognition of juveniles as "constitutionally different" from ...
Wittgenstein thinks that “I know” is just a forceful intonation of frustration and should be replaced with “I believe” as the subjective affirmation of what is unproveable (Wittgenstein 1972, 30, 177–79, 245, 612, 669 [5, 25–26, 33, 81, 88]). Salvation involves the redemption of...