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Suppose you agree to a contract that binds you to relying on other people doing something? (linkage.ds8.zone)

submitted 3 months ago* (last edited 3 months ago) by LibreMonk@linkage.ds8.zone to c/law@fedia.io

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I signed an agreement with a creditor that obligates me to pay them using a bank inside the country. This was fine initially but then I moved out of the country and the acct was closed. Other banks will not open an account for me and the creditor refuses cash. So the creditor is treating me like a non-payer to a quite harsh extent.

I have over-simplified here but I just want to know very generally what the common practices are around the world for contract law situations where someone without much bargaining power signs a contract that obligates them to do something that’s only achievable if other 3rd-parties agree to serve them, and then those other 3rd-parties later refuse.

BTW, I am not interested in advice on situational hacks and angles like “find a friend to pay for you”. I want to know how courts treat the situation when all options have failed. Are people typically held accountable for agreeing to something which relied on actions of others?

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[–] hedders@fedia.io 2 points 3 months ago (1 children)

Many legal systems have the concept of "force majeure" - some external event or circumstance beyond the reasonable control of the party affected by it, that prevents or inhibits that party's performance. Some contracts will recognise the concept too.

[–] LibreMonk@linkage.ds8.zone 1 points 3 months ago

Glad you mention that. Force majeure is often covered in contracts but I’ve always thought of that as being more extreme circumstances (both unforeseen and beyond control, often not man-made events). Perhaps it’s broader than I had thought.

Usually what I encounter is events that are man-made (law changes) and not completely blocking one party’s performance but making the terms of the agreement objectionable nonetheless.