Navigating Force Majeure & Frustration - Key Considerations in Drafting & Litigation

Introduction

Force majeure clauses frequently appear in the boilerplate provisions of commercial contracts, but they are often added with minimal thought about how they will function in real situations. Although recent events have prompted many organisations to reassess the wording of these clauses, there is still limited understanding of how courts actually interpret them.

The doctrine of frustration, meanwhile, is a relatively little-known aspect of common law that has gained attention in the context of Brexit and COVID-19. Its application is extremely narrow, and courts continue to view it with caution.

This virtual classroom seminar provides an overview of the key considerations when drafting force majeure clauses, addressing the differing priorities of suppliers and customers. It will also explore recent case law relating to both force majeure and frustration.

What You Will Learn

This live and interactive course 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?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.