Quote:
Originally Posted by Peter_Spaeth
The issue in my mind doesn't depend on Leland's being inaccurate or at fault. The notion of frustration of purpose is a fairness doctrine based on changed circumstances beyond either party's control. I don't think assumption of risk is a contract concept so much as a tort concept, but it's been a while. Anyhow, your argument is of course the one I would make if on Leland's side, and it's a great problem that would fit well someday in a law school class.
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Do you think the buyer had a multi-year window to file suit for a contract breach? Most states have around a four year statute of limitations. So, if Brady hypothetically stays retired, and then elects to come back three years from now, could the buyer still file suit for breach of contract, because it seller didn’t deliver Brady’s final career TD ball?
This fact pattern makes for a great one L issue spotter exam.