ABSTRACT
Suppose that the goods which are the subject of the contract never existed, or once existed and have now ceased to exist, or that the goods, although they exist, have been damaged, or that goods of this kind are no longer available on the market. How does this affect the rights of the parties? There are two separate doctrines which are used to answer questions such as this. These are the doctrines of risk and of frustration. Before we examine these doctrines, however, we must consider the special case of goods which never existed at all or which, having once existed, have perished.
