frustration of purpose doctrine (Michigan) · Go Syfert
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frustration of purpose doctrine in Michigan

8 Michigan opinions name it 1 courts 1981–2024 4 in the last five years

The cases below were cited by Michigan 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.

Followed or applied (1)

CaseFollowedCited
Liggett Restaurant Group, Inc. v. City of Pontiacgreen
michctapp · 2003 · cited in 5 Michigan opinions naming this issue, 2007–2024
2 sentences

2023For the frustration-of-purpose doctrine to apply, the moving party must meet the following conditions: (1) the contract must be at least partially executory; (2) the frustrated party’s purpose in making the contract must have been known to both parties when the contract was made; (3) this purpose must have been basically frustrated by an event not reasonably foreseeable at the time the contract was made, the occurrence of which has not been due to the fault of the frustrated party and the risk of which was not assumed by him. [Id. at 159-160; quoting Liggett Restaurant Group, Inc v City of Pon

2023See Liggett, 260 Mich App at 135 (explaining that the doctrine of frustration of purpose applies only if “the risk of which was not assumed by” the party asserting the doctrine).

15

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Liggett Restaurant Group, Inc. v. City of Pontiac green
michctapp · 2004
2 sentences

2024“Frustration of purpose is generally asserted where ‘a change in circumstances makes one party’s performance virtually worthless to the other, frustrating his purpose in making the contract.’ ” Liggett Rest Group, Inc v City of Pontiac, 260 Mich App 127, 133-134 ; 676 NW2d 633 (2003), quoting Restatement Contracts, 2d, § 265, comment a.

2023For the frustration-of-purpose doctrine to apply, the moving party must meet the following conditions: (1) the contract must be at least partially executory; (2) the frustrated party’s purpose in making the contract must have been known to both parties when the contract was made; (3) this purpose must have been basically frustrated by an event not reasonably foreseeable at the time the contract was made, the occurrence of which has not been due to the fault of the frustrated party and the risk of which was not assumed by him. [Id. at 159-160; quoting Liggett Restaurant Group, Inc v City of Pon

32007–2024
Rooyakker & Sitz, PLLC v. Plante & Moran, PLLC green
michctapp · 2007
2 sentences

2023We agree.3 A. FRUSTRATION OF PURPOSE “The frustration-of-purpose doctrine provides an excuse for nonperformance of a contractual obligation.” Rooyakker & Sitz, PLLC v Plante & Moran, PLLC, 276 Mich App 146, 159 ; 742 NW2d 409 (2007).

2023We agree.3 A. FRUSTRATION OF PURPOSE “The frustration-of-purpose doctrine provides an excuse for nonperformance of a contractual obligation.” Rooyakker & Sitz, PLLC v Plante & Moran, PLLC, 276 Mich App 146, 159 ; 742 NW2d 409 (2007).

32015–2023
Molnar v. Molnar green
michctapp · 1981
2 sentences

2007While the Supreme Court has yet to consider the doctrine, this Court has in Molnar v Molnar, 110 Mich App 622 ; 313 NW2d 171 (1981). 7 The following conditions must be met before a party may avail itself of the frustration-of-purpose doctrine: “(1) the contract must be at least partially executory; (2) the frustrated party’s purpose in making the contract must have been known to both parties when the contract was made; (3) this purpose must have been basically frustrated *160 by an event not reasonably foreseeable at the time the contract was made, the occurrence of which has not been due to t

2007While the Supreme Court has yet to consider the doctrine, this Court has in Molnar v Molnar, 110 Mich App 622 ; 313 NW2d 171 (1981). 7 The following conditions must be met before a party may avail itself of the frustration-of-purpose doctrine: “(1) the contract must be at least partially executory; (2) the frustrated party’s purpose in making the contract must have been known to both parties when the contract was made; (3) this purpose must have been basically frustrated *160 by an event not reasonably foreseeable at the time the contract was made, the occurrence of which has not been due to t

22007–2015
Roberts v. Farmers Insurance Exchange green
michctapp · 2007
2 sentences

2023The doctrine acts to excuse a promisor’s performance under a contract “in the event his or her contractual promise becomes objectively impossible to perform.” Roberts v Farmers Ins Exch, 275 Mich App 58, 73 ; 737 NW2d 332 (2007).

2023The doctrine acts to excuse a promisor’s performance under a contract “in the event his or her contractual promise becomes objectively impossible to perform.” Roberts v Farmers Ins Exch, 275 Mich App 58, 73 ; 737 NW2d 332 (2007).

12023–2023
Wah Chang v. PacifiCorp green
orctapp · 2007
1 sentence

2015Chang, 212 Or App at 40-41 .

12015–2015
Irwin v. Irwin neutral
michctapp · 1978
2 sentences

1981However, as noted in Irwin v Irwin, 85 Mich App 576, 578 ; 272 NW2d 328 (1978), and Chisnel this Court will clarify and interpret property settlements only when the substantive rights of the parties are not changed’.” The principles set forth in Paul v Paul, supra, and Ross v Ross, supra, convince us that the application of the frustration of purpose doctrine is both fair and equitable in the circumstances of this case.

1981However, as noted in Irwin v Irwin, 85 Mich App 576, 578 ; 272 NW2d 328 (1978), and Chisnel this Court will clarify and interpret property settlements only when the substantive rights of the parties are not changed’.” The principles set forth in Paul v Paul, supra, and Ross v Ross, supra, convince us that the application of the frustration of purpose doctrine is both fair and equitable in the circumstances of this case.

11981–1981
Paul v. Paul green
mich · 1960
1 sentence

1981However, as noted in Irwin v Irwin, 85 Mich App 576, 578 ; 272 NW2d 328 (1978), and Chisnel this Court will clarify and interpret property settlements only when the substantive rights of the parties are not changed’.” The principles set forth in Paul v Paul, supra, and Ross v Ross, supra, convince us that the application of the frustration of purpose doctrine is both fair and equitable in the circumstances of this case.

11981–1981

Where else courts name it

NY 25 (1965–2026) MI 8 (1981–2024) CT 8 (1966–2022) PA 7 (1980–2022) IL 5 (2017–2025) MD 5 (1976–2023) FL 4 (1981–2023) DE 4 (2021–2025) MA 4 (2014–2024) NJ 4 (2013–2026) AZ 3 (2013–2024) CA 3 (2023–2024) NC 3 (1981–2022) WA 3 (1968–1996) ND 3 (2010–2015) KS 3 (2005–2020) MN 2 (2024–2024) UT 2 (1982–1995)

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.

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