Can an Employment Contract Be Frustrated
Posted on 2023年5月4日 | By pp-admin
As a professional, I`ve seen many questions related to employment contracts and their validity in certain circumstances. One such question that frequently arises is, can an employment contract be frustrated?
The term “frustration” refers to a legal concept that arises when something unforeseen happens that makes it impossible to carry out a contract without fundamentally altering its original purpose. When it comes to employment contracts, frustration can occur in situations where an employee is unable to perform their duties due to events beyond their control.
For instance, suppose an employee is hired to work in a restaurant, but due to unforeseen circumstances such as the COVID-19 pandemic, the restaurant is closed, and the employee is unable to work. In that case, the employment contract may be deemed frustrated.
So, can an employment contract be frustrated? The answer is yes. It is possible for an employment contract to be frustrated if circumstances beyond an employer`s or employee`s control make it impossible to perform the contract`s terms. However, establishing frustration requires a high threshold. It isn`t enough to show that the contract has become more difficult or costly to perform.
In the case of frustration, the contract is automatically terminated without liability for either party. However, frustration is not an easy defense to establish, and it`s essential to seek legal advice before relying on it.
In some cases, an employer may be able to rely on the doctrine of frustration to terminate an employment contract. However, the employee may also have rights under employment law, including the right to notice or severance pay.
To conclude, while an employment contract can be frustrated, it is a complicated legal concept that requires careful consideration of the facts and circumstances. If you believe that your employment contract has been frustrated, it`s essential to seek legal advice to understand your options and protect your rights.