LAW 506-002 – Contracts II

Restatement Second of Contracts § 377


Restitution in Cases of Impracticability, Frustration, Non-Occurrence Of Condition or Disclaimer by Beneficiary

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A party whose duty of performance does not arise or is discharged as a result of impracticability of performance, frustration of purpose, non-occurrence of a condition or disclaimer by a beneficiary is entitled to restitution for any benefit that he has conferred on the other party by way of part performance or reliance.