Frustration & Force Majeure - New Trends, Tough Clauses & Brexit
This new course will examine the worst case scenario for contracts and considers how clauses operate when the going gets tough.
It is aimed at those who draft force majeure clauses and those involved in disputes arising out of commercial contracts and will also include a review of recent case law in this area.
Brexit considerations will also be covered.
What You Will Learn
This course will cover the following:
- Defining force majeure- do’s and don’ts
- What are the rules - can anything be force majeure?
- Threshold criteria
- Economic changes and Brexit
- Extreme weather and acts of god
- Industrial action
- Is the event under the control of any party?
- What is the duty to mitigate and how can it be drafted?
- Suspension or termination?
- Recent cases reviewed
- New trends including disaster recovery mechanisms
- Frustration - a common law doctrine
- The ‘common purpose’ test after Canary Wharf
- The difference between frustration and breach
- Wrongful termination
- Check list for review
Please let us know if you wish to be notified.
Please let us know if you wish to be notified when new dates are added for this programme