Force Majeure and Frustration of Contract PDF Download

Author: Ewan McKendrick
Publisher: CRC Press
ISBN: 1317908813
Category : Law
Languages : en
Pages : 404

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Book Description
This updated edition includes an examination of force majeure in French law, the drafting of force majeure clauses, its usage in shipbuilding contracts, and the application of commercial impracticality under article 2-165 of the Uniform Commercial Code.

Author: Ben Symons
Publisher: Bloomsbury Publishing
ISBN: 1526517132
Category : Law
Languages : en
Pages : 219

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Book Description
Principally concerned with the laws of England and Wales and Ireland, but also covering other UK common law jurisdictions including Australia, Canada, Singapore and Hong Kong, this title looks at both the doctrines of force majeure and frustration and their application to commercial contracts. It includes analysis and consequences of recent case law, including Classic Maritime Inc v Limbungan Makmur SDN BHD, Lion Diversified Holdings BHD and Seadrill Ghana Operations Ltd v Tullow Ghana Ltd. The title also sets out the statutory principles that apply. Whilst looking at these principles in a broad sense, it is also the first major work to relate them to, and address the issues brought about by, the COVID-19 pandemic. Written by leading experts Ben Symons and Joe Dalby SC from leading commercial set, 36 Commercial, it offers a comprehensive and authoritatively researched analysis of all issues related to force majeure and frustration. It is practical in its approach and it is essential reading for commercial practitioners and contract lawyers to ensure they leave no stone unturned when working on a matter involving either force majeure or frustration. This title is included in Bloomsbury Professional's Company and Commercial Law online service.

Author: Christoph Brunner
Publisher: Kluwer Law International B.V.
ISBN: 9041127925
Category : Law
Languages : en
Pages : 626

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Book Description
Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.

Author: G. H. Treitel
Publisher:
ISBN: 9780421403505
Category : Contracts
Languages : en
Pages : 599

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Book Description
This is a thorough examination of the principles governing the conflict between the sanctity of contract and the discharge of contractual obligations in response to supervening events. The author guides the reader through a list of supervening events which may be encountered in any commercial transaction, setting out the statutory principles involved, together with judicial interpretations from a number of Common Law jurisdictions.

Author: Ben Symons
Publisher: Bloomsbury Publishing
ISBN: 1526517124
Category : Law
Languages : en
Pages : 177

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Book Description
Principally concerned with the laws of England and Wales and Ireland, but also covering other UK common law jurisdictions including Australia, Canada, Singapore and Hong Kong, this title looks at both the doctrines of force majeure and frustration and their application to commercial contracts. It includes analysis and consequences of recent case law, including Classic Maritime Inc v Limbungan Makmur SDN BHD, Lion Diversified Holdings BHD and Seadrill Ghana Operations Ltd v Tullow Ghana Ltd. The title also sets out the statutory principles that apply. Whilst looking at these principles in a broad sense, it is also the first major work to relate them to, and address the issues brought about by, the COVID-19 pandemic. Written by leading experts Ben Symons and Joe Dalby SC from leading commercial set, 36 Commercial, it offers a comprehensive and authoritatively researched analysis of all issues related to force majeure and frustration. It is practical in its approach and it is essential reading for commercial practitioners and contract lawyers to ensure they leave no stone unturned when working on a matter involving either force majeure or frustration. This title is included in Bloomsbury Professional's Company and Commercial Law online service.

Author: Jonathan Morgan
Publisher: Cambridge University Press
ISBN: 110747020X
Category : Law
Languages : en
Pages : 314

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Book Description
Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.

Author: Maxi Scherer
Publisher: Kluwer Law International B.V.
ISBN: 9403528435
Category : Law
Languages : en
Pages : 314

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Book Description
International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic on all major economic sectors and industries has triggered profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’. This timely book is the first to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. With practical guidance from a variety of perspectives – legal, practical, and sector-specific – on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters present leading practitioners’ insights into the unprecedented and multifaceted issues that arise. They provide expert tips and challenges in such practical matters as the following: preventing and resolving disputes of particular types – construction, energy, aviation, technology, media and telecommunication, finance and insurance; arbitrator appointments; issues of planning, preparation and sample procedural orders; witness preparation and cross-examination; e-signature of arbitral awards; setting aside and enforcement proceedings; and third-party funding. Also included are an empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats. With this timely and practical book, arbitration practitioners and scholars will gain up-to-date knowledge of sector-specific challenges brought about by the COVID-19 pandemic and approach arbitration proceedings with an understanding of the most important legal and practical considerations during the crisis and beyond.

Author: Saleem Sheikh
Publisher: Bloomsbury Publishing
ISBN: 1526508354
Category : Law
Languages : en
Pages : 561

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Book Description
Provides useful background and detailed advice on the law surrounding a wide range of commercial agreements including: Key common clauses; When to use standard terms; Procedures and good practice; Termination of contracts; Remedies for breach; Specific issues relating to export, software and consumer contracts. It also contains valuable precedents, including expert guidance on Business-to-Business and Business-to-Consumer agreements, providing users with an excellent tool for drafting commercial contracts. Key changes for the new 5th edition include coverage and analysis of: - important case law as to when terms are unfair or unreasonable, notably the first Supreme Court ruling on the fairness test in ParkingEye Ltd v Beavis - Changes in the regulation of consumer credit since regulation passed to the Financial Conduct Authority - Fresh court guidance as to when terms have been incorporated into a contract - Rulings on the rules as to the enforceable of onerous terms - The Consumer Rights Act 2015 - The effect of the Data Protection Act 2018 and GDPR - Brexit and the transitional period - The new 2019 EU Regulation on privacy - Replacement of the PECR regulations by the new EU Directive on trade secrets and UK implementation An essential resource for commercial contract drafters helping them to prepare water tight legal agreements and ensure that they are completely clear on what a business must do to stay on the right side of the law. Includes online access to downloadable precedents

Author: Paul Nicholls, KC
Publisher: Bloomsbury Publishing
ISBN: 1526515792
Category : Law
Languages : en
Pages : 596

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Book Description
A guide to the conflict of laws dealing with jurisdiction and applicable law in commercial and employment-related cases enabling practitioners to assimilate and understand the rules which apply in cases that have an international element. Commercial claims have long had an international element and the same is increasingly true for employment cases in particular in employee competition or team moves where, for example, a defendant in country A is orchestrating a team move in country B. This book assists practitioners by having the law relevant to these sorts of cases in one place in an easy to understand manner. It states the law applicable in particular to both commercial and employment cases. This covers both High Court claims but also, in its employment section, statutory claims involving employees who work abroad or otherwise may be said to lack a connection with the UK. It uses examples to augment the statement of the law and offers tactical and strategic guidance based on real cases. As well as providing a guide to the law, comment on the strategy and tactics underlying claims and defences are provided and examples of how these matters can and do play out in practice are given.

Author: Marcel Fontaine
Publisher: BRILL
ISBN: 9047430239
Category : Law
Languages : en
Pages : 674

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Book Description
Drafting International Contracts is an essential resource for anyone working in international business. The book is a straightforward, easy-to-use tool featuring all the latest trends and developments, including a summary of 25 years of meetings and discussions of the International Contracts Working Group, comprised of professional lawyers, corporate counsel, and academics. It offers a systematic analysis of the main clauses present in international contracts, providing abundant quotations of actual clauses, with critical assessments. The book fosters an understanding of how international contracts are drafted in actual practice. Published under the Transnational Publishers imprint.