Force Majeure and Frustration of Contract PDF Download

Author: Ewan McKendrick
Publisher: CRC Press
ISBN: 1317908805
Category : Law
Languages : en
Pages : 311

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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: Fabio Bortolotti
Publisher: Kluwer Law International B.V.
ISBN: 9403514736
Category : Law
Languages : en
Pages : 308

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Book Description
Force Majeure and Hardship are commonly invoked in international trade when unforeseen events occur making performance impossible or impracticable. Most national legislators provide rules to deal with these issues, but the specifi c solutions adopted in domestic laws vary substantially from one country to another. In recent years the growing complexity of trade in a globalized world has greatly increased the number of situations where a party can invoke force majeure or hardship. Parties need to be able to analyse the nature and characteristics of force majeure and hardship and look for contractual clauses which can regulate these issues in conformity with their needs. Written by international practitioners, this dossier explores the evolution of the rules on hardship, the ICC Clause on Hardship and the perspectives of contract adaptation by arbitrators. The section on Force Majeure includes an overview of recent arbitral case law (impediment beyond sphere of control and risk of the obligor; foreseeability; causation; notice requirement), analysis of the ICC 2003 Force Majeure Clause and an update on its revision. Two other important themes are included: the relationship between force majeure and applicable law, general principles of law and trade usages as well as the impact of economic sanctions.

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 (Barrister)
Publisher:
ISBN: 9781526517142
Category : Commercial law
Languages : en
Pages : 352

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Book Description
"Principally concerned with the laws of England and Wales, Ireland and Australia with references to other common law jurisdictions, EU and international law where relevant, Force Majeure and Frustration in Commercial Contracts looks at both doctrines of force majeure and frustration and their application to commercial contracts. It 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 COVID19 pandemic. Written by leading experts and practical in approach, it is essential reading for commercial practitioners and contract lawyers to ensure that they avoid the consequences of a breach of contract caused by events outside their control which delays, hinder or prevent performance."--

Author: Edwin Peel
Publisher:
ISBN: 9780414098558
Category : Discharge of contracts
Languages : en
Pages : 0

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Book Description
The fourth edition of Frustration and Force Majeure provides 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 the types of supervening events which may be encountered in any commercial transaction, setting out the principles involved, together with judicial interpretations from a number of common law jurisdictions.

Author: Jenny Walther
Publisher: GRIN Verlag
ISBN: 3638370283
Category : Business & Economics
Languages : en
Pages : 14

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Book Description
Seminar paper from the year 2000 in the subject Business economics - Law, grade: 2,8, Ashcroft International Business School Cambridge, course: Comparative Business Law, language: English, abstract: In English law, a contracting party is generally bound to the promise he has given and is not easily excused from his liability. However, there is an exception to this principle of pacta sunt servanda if non-performance is caused by upheavals beyond the parties' control. The purpose of this essay is to give a short overview about this issue. I will start by examining the connection between the doctrines of impossibility and frustration. Afterwards I will have a more detailed look on the concept of frustration in English law and continue by briefly outlining the corresponding principles in other legal systems. In order to illustrate the rather abstract concept I will contrast two cases in detail and point to a few other ones in more general terms.

Author: Keith Markham
Publisher:
ISBN: 9781913715052
Category :
Languages : en
Pages : 156

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Book Description
This book aims to outline the key provisions, together with a series of practical steps that need to be taken in order to deal with these issues as smoothly as possible.

Author: Timothy Murray
Publisher:
ISBN: 9781663316400
Category : COVID-19 Pandemic, 2020-
Languages : en
Pages : 0

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Book Description
Perhaps no event in history has prompted as much ink to be spilled about contract law as the COVID-19 pandemic. The pandemic, and especially government reactions to it, have wreaked havoc on the supply chain, forced businesses to shut down, and rendered all manner of contracts intolerably costly or risky. The incalculable disruption to countless contracts has caused attorneys everywhere to examine whether their clients' contractual performance may be excused pursuant to the agreement's force majeure provision; a common law extra-contractual theory (impracticability, impossibility, or frustration of purpose); a statutory basis (U.C.C. ʹ 2-615); or an international treaty (the United Nations Convention on Contracts for the International Sale of Goods (CISG) Article 79). The pandemic's devastating effect on contracts promises to generate significant litigation and will impel attorneys to rethink how they draft force majeure provisions.In Corbin on Contracts: Force Majeure and Impossibility of Performance Resulting From COVID-19 the law regarding force majeure and impossibility and related legal theories is chronicled in the following chapters:Impossibility of Performance - Personal InabilityDeath or Destruction of Specific Things - Prorating SupplyLegal Prohibition -Government Prohibition and Exigencies of WarDischarge by Frustration of PurposeImpossibility of Performance of a Condition; Remedy of RestitutionIn addition, author Timothy Murray has provided a detailed introduction which also serves as a guide providing a roadmap to assist the reader in traversing issues related to the effect of the COVID-19 pandemic on contractual obligations.