GIS v Fishery Context <Back>

 

  1. BulletBO = BE = (R0,A0,Con) with R0 consists of the following self-describing rules:


  1. •    Fishing ← Maps, Fish


        stating that having a fish-potential map, Fishery can go fishing if there are fish


  1. •    ¬Fish ← OilSpill


        stating that the OilSpill reduced fish potential  substantially.


  1. •    ¬Fishing ← ¬Fish

       

        stating that one can not go fishing without fish out there.

  1. •     A0 = {Fish}, Con(Fish) = ¬Fish


         representing that fish is commonly assumed to be potential for fishing.


  1. BulletKO = KE = BO = BE representing that both parties are not expected to know that the OilSpill could occur


  1. Bullet CKt =(Rt,At,Con) with At =∅ and Rt = { E ⊏ OilSpill ← }  stating that the OilSpill occurred after the contract signing event E.


  1. BulletCKd = BO = BE.


  1. BulletCost function is undefined, representing that neither parties could anything to prevent the oil spill or mitigate its consequences.

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From these module the following arguments about factors of the case can be made:


  1. ✓OilSpill happened after contract making as CKt ⊢sk E ⊏ OilSpill.


  1. ✓OilSpill is unexpected for both parties as there are no arguments supporting OilSpill from BX ∈ {BO,BE}


  1. ✓OilSpill falsifies a common belief held by both parties there are fish, since:


BX ⊢cr Fish and CKd ∪ {OilSpill} ⊢sk ¬ Fish.

  1. ✓Both parties believed that if there are fish, then the performance of the contract fulfills goal “Fishing” as:


BX ∪ {Maps, Fish} ⊢cr Fishing


  1. ✓However, goal “Fishing” is destroyed there are no fish to catch, as:


         CKd ∪ {Maps, ¬Fish} ⊢sk ¬ Fishing


Let FRUST be a module representing the doctrine of frustration of purpose. It is easy to see that conditions 1 and 2 of the doctrine hold since FRUST ⊢sk Frustration(contract).


Further, conditions 3 and 4 also hold since there are no arguments for RiskAllocatedTo(Fishery, contract).


Thus MoDiSo will say FRUST ⊢sk Rescind(Fishery,  contract), i.e. Fishery could rescind from performing the contract on the grounds of frustration of purpose.