第8次 第四章 合同法概述(3).pptVIP

第四章 合同法概述（3） 五、违约责任归责原则 paradine v. Jane, Aleyn 1647 Facts Paradine (P) sued Jane (D) for a failure to pay rent for three years on leased lands. Jane asserted as a defense that the lands had been seized and occupied by Prince Rupert of Germany, and that Jane had been put out of possession and frustrated in the performance of his duties under the lease and was not bound to perform under the contract. Issue If a party creates a charge or duty to himself, is he obligated to perform in the face of frustration of purpose? Holding and Rule Yes. If a party creates