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.
Read an extract of Force Majeure and Frustration in Commercial Contracts
Table of Contents
Chapter 1: Introduction to Force Majeure Chapter 2: General Principles of Contractual Interpretation Chapter 3: What constitutes a "force majeure" event? Chapter 4: Prevent, hinder and/or delay Chapter 5: Beyond reasonable control Chapter 6: Causation Chapter 7: Notice Chapter 8: Material adverse change (“MAC”) clauses Chapter 9: Force majeure in international case law Chapter 10: Frustration