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5 Massachusetts opinions name it 4 courts 1961–2023 1 in the last five years
The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Baetjer v. New England Alcohol Co.green2 sentences2006In Baetjer v. New England Alcohol Co., 319 Mass. 592, 602 , it was said that “a contracting party cannot be excused [under the doctrine of frustration] where the only ‘frustration’ consists in the fact that known risks assumed by him have turned out to his disadvantage.” Essex-Lincoln Garage, Inc. v. City of Boston, 342 Mass. 719 (Mass. 1961), at 721. 1961In Baetjer v. New England Alcohol Co. 319 Mass. 592, 602, it was said that “a contracting party cannot be excused [under the doctrine of frustration] where the only ‘frustration’ consists in the fact that known risks assumed by him have turned out to his disadvantage.” That is the *722 situation in the instant case. | 1 | 2 |
Essex-Lincoln Garage, Inc. v. City of Bostongreen2 sentences2006In Baetjer v. New England Alcohol Co., 319 Mass. 592, 602 , it was said that “a contracting party cannot be excused [under the doctrine of frustration] where the only ‘frustration’ consists in the fact that known risks assumed by him have turned out to his disadvantage.” Essex-Lincoln Garage, Inc. v. City of Boston, 342 Mass. 719 (Mass. 1961), at 721. 1993Nor can “a contracting party... be excused under the doctrine of frustration [of purpose] where the only ‘frustration’ consists in the fact that known risks assumed by him have turned out to his disadvantage.” Essex-Lincoln Garage, Inc. v. Boston, 342 Mass. 719, 721 (1961). | 1 | 2 |
AGW Sono Partners, LLC v. Downtown Soho, LLCgreen1 sentence2023Caffé Nero Ams., Inc., Mass. Sup. Ct., No. 2084CV01493-BLS2 (Suffolk County Feb. 8, 2021), but that decision is not binding precedent. 7 could have used the premises for business uses not barred by the shutdown orders, see AGW Sono Partners, LLC v. Downtown Soho, LLC, 343 Conn. 309, 336 (2022) (lease terms, which allowed takeout and outdoor dining, did not "render the lease agreement valueless in light of the executive orders" barring indoor dining); Critzos, supra at 699 (similar); Fitness Int'l, LLC, supra at 1064 ("In leasing, the frustration defense is unavailable if a lease allows the ten | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hess v. Dumouchel Paper Co.
green
1 sentence1969Excuse is allowed under this rule even though there is no impediment to actual performance.” Hess v. Dumouchell Paper Co. 154 Conn. 343, 350-351 . | 1 | 1969–1969 |
Woods v. MacDonald
green
1 sentence1961Woods v. MacDonald, 326 Mass. 401, 403 . | 1 | 1961–1961 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.