4 ms·
IANAL, but as I understand contract law you can’t be expected to perform the contract if circumstances change too much (law of frustration). The developer here
by Joeri 4y ago
IANAL, but as I understand contract law you can’t be expected to perform the contract if circumstances change too much (law of frustration). The developer here indicated they never expected to be providing support for a quarter century, and it doesn’t seem unreasonable a court would agree they aren’t bound by the “lifetime” license.
- cmeacham98 4y agoI am also not a lawyer, but I seriously doubt a court would accept "I didn't expect to actually have to live up to my end of the deal!" to be a valid change in circumstances. By this logic almost anyone could back out of a long term contract: "I didn't expect to still be in business 24 years later when I gave you that 25 year warranty!" To quote the top few results I got searching online for "law of frustration": https://en.wikipedia.org/wiki/Frustration_in_English_law https://en.wikipedia.org/wiki/Frustration_in_English_law > it is "not lightly to be invoked to relieve contracting parties of the normal consequences of imprudent bargains" https://www.law.cornell.edu/wex/frustration_of_purpose https://www.law.cornell.edu/wex/frustration_of_purpose > when a later and unforeseen event impedes the buyer's purpose for entering into the contract https://www.upcounsel.com/frustration-of-contract-definition https://www.upcounsel.com/frustration-of-contract-definition (emphasis mine) > However, frustration of contract is not acceptable in all circumstances nor in all types of contracts. It is acceptable when the law finds it unfair to force a party to comply with the contract terms ___due to events that are outside of or beyond their control___.