A party to a contract might forego the defense of frustration by
A) placing an exemption clause on everything.
B) making it a condition precedent.
C) an express promise in such an absolute and unconditional way as to rule out any reservation for the party's benefit.
D) being in a province that has its own Frustrated Contracts Act.
E) making it a condition subsequent.

Question

Quizplus · Accepted Answer

By making an express promise in an absolute and unconditional way, the party is effectively waiving the defense of frustration. This means that they cannot later claim that the contract has been frustrated, even if unforeseen circumstances arise that make performance substantially more difficult or impossible.

A Party to a Contract Might Forego the Defense of Frustration