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JUSTIFICATIONS FOR THE DOCTRINE OF EXCUSE FROM CONTRACT: AN OVERVIEW OF THE POSITION UNDER AMERICAN LAW AND IRANIAN LAW

Fatemeh Etemadnia, Dr. Anowar Zahid, Dr. Jady Z. Hassim


The doctrine of impracticability of contract and other similar doctrines are known as the doctrine excuse from contract. It is an exception to the principle of sanctity of contract, which is a primary principle of contract law. There are four theories that justify this exception. They are the theories of Implied Term, Good Faith, Unjust Enrichment and Abusing Rights. This paper is an attempt to overview these underlying theories with particular reference to US and Iran.