Anglo-American Contract Defeat The Purpose Of The System

Frustration of purpose is an important part in the termination of the contract system in the Britain and the United States; it is also the exception and breakthrough to the principle of"contracts must be strictly abided". In this paper, case studies and historical analysis have been used, first and foremost, it analysis the meaning and history evolution of frustration of purpose from the theoretical, revealing the function of the system and the evolution of the conception of justice embodied in the contract. On this basis, deriving the concept on the purpose of the contract, carding and concluding the basic purposes, then putting forward the concrete methods of how to hold and prove up the purpose of the contract. Besides, further describes the inscape, restrict, legal consequences and its lack of competition in practice, description and dialectical analysis on the specific system of the frustration of purpose of the contract. Last but not the least, the author analyze the different between frustration of purpose and the civil law system of changing circumstances, put forward some proposals and ideas on Contract Law of China ,then hope we can absorb and learn something from it so that improve the construction of contract law.