Force Majeure and Frustration in Commercial Contracts

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.

table of content

1. Introduction

2. Frustration

a. Performance of Contracts

b. Supervening events

c. Frustration of purpose

d. Impossibility / Impracticability

e. Illegality

f. Mistake

g. Specific Contracts

h. Remedies

i. Equity and Estoppel

j. Comparative Law (Ireland, Australia, New Zealand, EU, Canada, South Africa, India, USA)

3. Force Majeure

a. Contractual provisions for supervening events

b. Standard form contracts and codes

c. Construction

d. Non-performance

e. Unfair Contract Terms

f. Liability

g. Remedies

h. Hardship Clauses

4. Materials

a. Law Reform (Frustrated Contracts) Act 1943

b. Selection of standard form force majeure and hardship clauses

c. Case Summaries