Partly Performed Contracts

Abstract

Wholly performed contracts are beyond the reach of war. They cannot be frustrated; neither can they be dissolved on the ground of supervening illegality. The Treaties are only concerned with non-executed and partly executed contracts and do not affect contracts which are already entirely performed. This raises the question whether a contract has been wholly performed before the parties became enemies. One question leads to another. When has the contract been performed? The time of performance cannot be ascertained without reference to the place of performance.