Friday, March 23, 2012

Scottsdale Rd. General Partners v. Kuhn Farm Machinery case brief

Scottsdale Rd. General Partners v. Kuhn Farm Machinery; (AZ Ct of Appeals, 1995); CB 1032; Notes 64
    Frustration of Purpose
  • D contracted w/ P to hold dealer’s convention at P’s resort, but at last minute cancelled b/c of worries of terrorism caused by Desert Storm; P sued to collect liquidated damages provided for in agreement, D defended on impracticability and frustration of purpose grounds; court found for P b/c, even though D acted in good faith, he did not establish that risk of terrorism was so high as to rise to level of frustration; perception of danger must be “reasonably objective.”

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