Thisruleapplieswhether or notunderpriorlaw the claimant, s contributory fault constituted adefenseorwas disregarded under applicablelegaldoctrines, such aslastclearchance.
Absent precise language in a contract spelling out contingencies, courts use suchdoctrines as force majeure to decide whether the contract is still valid.
And it has given rise to detailed pedagogical doctrines, such as the Osborn-Parnes Creative Problem Solving Process, which is frequently employed by business consultants.