Private Law Theory

ABSTRACT
Compares the doctrine of frustration to the Spanish doctrine of rebus sic stantibus, which allows the modification of contractual obligations in the face of unforeseen circumstances (‘hardship’) such as the COVID-19 pandemic. Considers whether English contract law could adopt a doctrine of hardship, looking at the principles of freedom of contract, the economic aspects of renegotiation, and good faith.

Harris, Lauren, Frustration in Crisis: How the Spanish Doctrine of Rebus Sic Stantibus Can Inform a Post-Pandemic Reexamination of English Contract Law’s Approach to Hardship (January 23, 2023).