header-logo header-logo

02 June 2011 / Alison Mayfield
Issue: 7468 / Categories: Features , LexisPSL
printer mail-detail

Force of nature

Alison Mayfield examines the frustrations of force majeure

The common law doctrine of frustration comes into play when a contract becomes impossible to perform, or can only be performed in a way that is substantially different from what was originally set out in the contract. The effect is that the parties to the contract will be excused from further performance under the contract. However, frustration only applies in the absence of an express provision by the parties dealing with such events. Such a clause is usually called a force majeure clause.

What is force majeure?

Force majeure is literally translated as: superior forces. In common language it is an unexpected and disruptive event that may operate to excuse a party from their obligations under a contract. Force majeure is only recognised in English law if it is specifically provided for in the terms of a contract.

Why have a force majeure clause?

The purpose of a force majeure clause is to define, more or less precisely, the circumstances in which a

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll