Performance & Stability
        
        How Does the Foreseeability of an Event Affect a Claim of Frustration?
        
         
        
        
          
        
        
      
        
     
        
        Foreseeability acts as the primary filter determining if an event triggers a contractual discharge by frustration or is a risk the parties implicitly accepted.
        
        How Does a Force Majeure Clause Differ from the Common Law Doctrine of Frustration?
        
         
        
        
          
        
        
      
        
     
        
        A force majeure clause is a contractual risk protocol; the doctrine of frustration is a common law backstop of last resort.

 
  
  
  
  
 