Drafting & Litigating Force Majeure Clauses & Frustration - The Key Issues

Introduction

Force majeure clauses are regularly found in the boilerplate section of commercial contracts, but their inclusion is often an afterthought with little consideration being given as to how they will operate in practice. The events of recent years have caused many organisations to review the content of their clauses but there remains a lack of awareness about how these clauses will be interpreted by the courts.

Frustration is a relatively obscure common law doctrine which has increasingly been referred to in the light of Brexit and COVID-19. However, it only applies in very limited circumstances and the courts remain sceptical about its usefulness.

This webinar summarises the key issues that should be considered when drafting force majeure clauses from the competing perspectives of suppliers and customers. Recent caselaw will also be discussed in respect of both force majeure and frustration.

What You Will Learn

This webinar will cover the following:

Force Majeure

• How should a ‘force majeure event’ be defined?
• To what extent does there need to be a causal link?
• Is there a duty to mitigate?
• What notification requirements should be inserted?
• Who should be allowed to terminate and in what circumstances?

Frustration

• When will frustration apply?
• What is the effect of frustration?
• Is partial frustration possible?

This webinar was recorded on 12th September 2024

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