Drafting & Litigating - Force Majeure & Frustration
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Drafting & Litigating - Force Majeure & Frustration
Introduction
The vast majority of commercial contracts contain a force majeure clause, albeit they are often inserted without a great deal of thought in terms of their scope and application.
Arguments about non-performance due to COVID-19 have caused many businesses to re-evaluate their use of these clauses. This webinar summarises the key issues that should be covered and also considers a variety of alternative forms of wording that could be used.
Recent case law will also be discussed with a particular emphasis on cases relating to COVID-19 and cases relating to frustration.
What You Will Learn
This webinar will cover the following:
Force Majeure
- Defining force majeure events - the less detail the better?
- Causation requirement
- Foreseeability and prevention
- Mitigation obligations
- Notification requirements
- Termination - who should be allowed to terminate? Both parties or only the non-affected party?
- Braganza duty - when will this apply to a force majeure clause?
- Summary of relevant case law
Frustration
- Relationship with force majeure clauses
- Frustration by supervening illegality
- Frustration of common purpose
- Partial frustration
- Summary of relevant case law
This webinar was recorded on 4th November 2022