Where circumstances arise, without any breach by either party, which render performance of the contract impossible or possible only in a radically different way from that originally contemplated, the parties are excused from further performance1. Frustration is merely a default rule; to the extent that the parties have made provision for the frustrating event, the doctrine will not apply2. In construing the contract, the fact that at the time when the contract was made the parties appreciated that a certain event might occur is one of the surrounding circumstances to be taken into account, and does not prevent the
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