Kowaiski and Smith entered into a charter-party contract whereby Smith was to load wheat in a Russian port. War was declared between Russia and England prior to the performance of this contract, which meant that Smith would be involved in trading with an enemy nation should he try to carry out the terms of the contract. This would be an illegal act.

If you were to advise the parties as to their contractual position, which doctrine would you apply and what requirements would you have to examine?