Force majeure and frustration
Available from: 27/06/2022
Force majeure clauses often languish unnoticed in the boilerplate section of a contract until something goes wrong, at which point they are considered in minute detail in the hope of being relied upon. Frustration is a little-known common law doctrine that can be used in specific circumstances.
Covid 19 has led to a renewed interest in these issues and this webinar looks at the most important aspects of force majeure clauses as well as the circumstances in which frustration may apply. Topics include:
Force Majeure
- defining force majeure events – the less detail the better?
- causation requirement
- prevention and mitigation obligations
- notification and termination
- application of the Braganza duty
- summary of relevant case law
- European Professional Club Rugby v RDA Television [2022] EWHC 50 (Comm)
- Dwyer Franchising v Fredbar Ltd (Mr. Bartlett) [2021] EWHC 1218 (Ch)
Frustration
- relationship with force majeure clauses
- frustration by supervening illegality
- frustration of common purpose
- partial frustration
- summary of relevant case law
- Salam Air v Latam Airlines [2020] EWHC 2414 (Comm)
- Bank of New York Mellon v Cine-UK [2021] EWHC 1013
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