Force Majeure

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Force Majeure And Hardship Under General Contract Principles

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Author : Christoph Brunner
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01

Force Majeure And Hardship Under General Contract Principles written by Christoph Brunner and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.

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.

Force Majeure And Frustration Of Contract

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Author : Ewan McKendrick
language : en
Publisher: CRC Press
Release Date : 2013-12-13

Force Majeure And Frustration Of Contract written by Ewan McKendrick and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-13 with Law categories.

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.

Hardship And Force Majeure In International Commercial Contracts

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Author : Fabio Bortolotti
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-07-15

Hardship And Force Majeure In International Commercial Contracts written by Fabio Bortolotti and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-15 with Law categories.

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.

Frustration And Force Majeure

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Author : G. H. Treitel
language : en
Publisher:
Release Date : 2004

Frustration And Force Majeure written by G. H. Treitel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Discharge of contracts categories.

This is an invaluable guide to those who need both to write and to apply force majeure clauses.

Force Majeure And Frustration Of Contract

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Author : Ewan McKendrick
language : en
Publisher: L L P
Release Date : 1991

Force Majeure And Frustration Of Contract written by Ewan McKendrick and has been published by L L P this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Breach of contract categories.

Force Majeure

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Author : Louis Garb
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2025-10-30

Force Majeure written by Louis Garb and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-10-30 with Law categories.

This comprehensive work provides a detailed analysis of force majeure across fifty diverse jurisdictions, representing both civil and common law traditions, demonstrating their similarities and differences. Through a carefully structured questionnaire answered by legal experts in each country, the editors have created a resource that allows practitioners to quickly grasp how this critical doctrine is defined, interpreted, and applied worldwide. The purpose of the book is to offer not merely academic analysis but practical guidance to lawyers advising clients on cross-border transactions and disputes thereby saving them time and expense.

Force Majeure And The Law Acts Of God In Comparative And Historical Perspective

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Author : Thomas D. Musgrave
language : en
Publisher: Taylor & Francis
Release Date : 2025-04-08

Force Majeure And The Law Acts Of God In Comparative And Historical Perspective written by Thomas D. Musgrave and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-04-08 with Law categories.

This book examines how the Roman, French and English legal systems have each dealt with the issue of unforeseen, supervening events which have rendered the performance of contractual obligations either impossible or fundamentally different in nature, sometimes known as Force Majeure or Acts of God. Although the Roman, French and English laws of contract have each developed legal rules which address this issue, the approach adopted by each system is significantly different from that of the others. The thesis of this book is that the response of a legal system to unforeseen, supervening events derives primarily from the nature and structure of that legal system as a whole, and then, within that broader context, from the salient characteristics of that system’s particular law of contract. The work compares the differing nature and structure of the Roman, French and English legal systems, and their respective laws of contract, in order to demonstrate how this is so. The book will be a valuable guide for academics and researchers working in the areas of Comparative Law, Legal History, Legal Theory and Contract Law. As the English approach to unforeseen, supervening events is very different from that of the French, the book will be of benefit both to English and to French practitioners as they seek to understand how supervening events are dealt with across the Channel. It will also appeal to law students as a guide for studying comparative law.

Force Majeure Clause By Covid 19 Pandemic And Aftermath Prediction

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Author : Thiha Thu Kyinn
language : en
Publisher:
Release Date : 2023-04-19

Force Majeure Clause By Covid 19 Pandemic And Aftermath Prediction written by Thiha Thu Kyinn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-19 with categories.

Seminar paper from the year 2020 in the subject Business economics - Law, language: English, abstract: A force majeure event refers to the occurrence of an event that is outside the control of a contractual party and which prevents that party from performing its obligations under a contract. A party's ability to claim relief for a force majeure event depends upon the terms of the contract and how well the contract is drafted. With the COVID-19 pandemic devastating businesses and creating chaos, many businesses face non-performance of their contract with the pandemic as its center of reason. Though not all force majeure events are triggered by the pandemic, all the triggered events at this moment are because of the pandemic. There are many circumstances that are taken into account when giving relief to the party but those circumstances must be proven by the party requesting relief.

Force Majeure Clauses

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Author : Belinda Lê Sellars
language : en
Publisher:
Release Date : 1994

Force Majeure Clauses written by Belinda Lê Sellars and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Contracts categories.

La Revue Critique De L Gislation Det De Jurisprudence Du Canada

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Author :
language : en
Publisher:
Release Date : 1875

La Revue Critique De L Gislation Det De Jurisprudence Du Canada written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1875 with Law categories.