Download or read book Force Majeure and Frustration of Contract written by Ewan McKendrick and published by CRC Press. This book was released on 2013-12-13 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This updated edition includes an examination of force majeure in French law, the drafting of force majeure clauses, its usage in shipbuilding contracts, and the application of commercial impracticality under article 2-165 of the Uniform Commercial Code.
Download or read book Force Majeure and Frustration in Commercial Contracts written by Ben Symons and published by Bloomsbury Publishing. This book was released on 2022-04-29 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principally concerned with the laws of England and Wales and Ireland, but also covering other UK common law jurisdictions including Australia, Canada, Singapore and Hong Kong, this title looks at both the doctrines of force majeure and frustration and their application to commercial contracts. It includes analysis and consequences of recent case law, including Classic Maritime Inc v Limbungan Makmur SDN BHD, Lion Diversified Holdings BHD and Seadrill Ghana Operations Ltd v Tullow Ghana Ltd. The title also sets out the statutory principles that apply. Whilst looking at these principles in a broad sense, it is also the first major work to relate them to, and address the issues brought about by, the COVID-19 pandemic. Written by leading experts Ben Symons and Joe Dalby SC from leading commercial set, 36 Commercial, it offers a comprehensive and authoritatively researched analysis of all issues related to force majeure and frustration. It is practical in its approach and it is essential reading for commercial practitioners and contract lawyers to ensure they leave no stone unturned when working on a matter involving either force majeure or frustration. This title is included in Bloomsbury Professional's Company and Commercial Law online service.
Download or read book Force Majeure and Hardship Under General Contract Principles written by Christoph Brunner and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.
Download or read book Hardship and Force Majeure in International Commercial Contracts written by Fabio Bortolotti and published by Kluwer Law International B.V.. This book was released on 2019-07-15 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Force Majeure and Hardship are commonly invoked in international trade when unforeseen events occur making performance impossible or impracticable. Most national legislators provide rules to deal with these issues, but the specifi c solutions adopted in domestic laws vary substantially from one country to another. In recent years the growing complexity of trade in a globalized world has greatly increased the number of situations where a party can invoke force majeure or hardship. Parties need to be able to analyse the nature and characteristics of force majeure and hardship and look for contractual clauses which can regulate these issues in conformity with their needs. Written by international practitioners, this dossier explores the evolution of the rules on hardship, the ICC Clause on Hardship and the perspectives of contract adaptation by arbitrators. The section on Force Majeure includes an overview of recent arbitral case law (impediment beyond sphere of control and risk of the obligor; foreseeability; causation; notice requirement), analysis of the ICC 2003 Force Majeure Clause and an update on its revision. Two other important themes are included: the relationship between force majeure and applicable law, general principles of law and trade usages as well as the impact of economic sanctions.
Download or read book Frustration and Force Majeure written by G. H. Treitel and published by . This book was released on 1994-01-01 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a thorough examination of the principles governing the conflict between the sanctity of contract and the discharge of contractual obligations in response to supervening events. The author guides the reader through a list of supervening events which may be encountered in any commercial transaction, setting out the statutory principles involved, together with judicial interpretations from a number of Common Law jurisdictions.
Download or read book Force Majeure in Commercial Contracts written by Ben Symons (Barrister) and published by . This book was released on 2022 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Principally concerned with the laws of England and Wales, Ireland and Australia with references to other common law jurisdictions, EU and international law where relevant, Force Majeure and Frustration in Commercial Contracts looks at both doctrines of force majeure and frustration and their application to commercial contracts. It sets out the statutory principles that apply. Whilst looking at these principles in a broad sense, it is also the first major work to relate them to and address the issues brought about by the COVID19 pandemic. Written by leading experts and practical in approach, it is essential reading for commercial practitioners and contract lawyers to ensure that they avoid the consequences of a breach of contract caused by events outside their control which delays, hinder or prevent performance."--
Download or read book Frustration and Force Majeure written by Edwin Peel and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition of Frustration and Force Majeure provides a thorough examination of the principles governing the conflict between the sanctity of contract and the discharge of contractual obligations in response to supervening events. The author guides the reader through the types of supervening events which may be encountered in any commercial transaction, setting out the principles involved, together with judicial interpretations from a number of common law jurisdictions.
Download or read book Frustration and supervening impossibility The doctrines of consideration and promissary estoppel written by Jenny Walther and published by GRIN Verlag. This book was released on 2005-04-24 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2000 in the subject Business economics - Law, grade: 2,8, Ashcroft International Business School Cambridge, course: Comparative Business Law, language: English, abstract: In English law, a contracting party is generally bound to the promise he has given and is not easily excused from his liability. However, there is an exception to this principle of pacta sunt servanda if non-performance is caused by upheavals beyond the parties' control. The purpose of this essay is to give a short overview about this issue. I will start by examining the connection between the doctrines of impossibility and frustration. Afterwards I will have a more detailed look on the concept of frustration in English law and continue by briefly outlining the corresponding principles in other legal systems. In order to illustrate the rather abstract concept I will contrast two cases in detail and point to a few other ones in more general terms.
Download or read book Covid 19 Force Majeure and Frustration of Contracts The Essential Guide written by Keith Markham and published by . This book was released on 2020-07-08 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to outline the key provisions, together with a series of practical steps that need to be taken in order to deal with these issues as smoothly as possible.
Download or read book Corbin on Contracts written by Timothy Murray and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perhaps no event in history has prompted as much ink to be spilled about contract law as the COVID-19 pandemic. The pandemic, and especially government reactions to it, have wreaked havoc on the supply chain, forced businesses to shut down, and rendered all manner of contracts intolerably costly or risky. The incalculable disruption to countless contracts has caused attorneys everywhere to examine whether their clients' contractual performance may be excused pursuant to the agreement's force majeure provision; a common law extra-contractual theory (impracticability, impossibility, or frustration of purpose); a statutory basis (U.C.C. ʹ 2-615); or an international treaty (the United Nations Convention on Contracts for the International Sale of Goods (CISG) Article 79). The pandemic's devastating effect on contracts promises to generate significant litigation and will impel attorneys to rethink how they draft force majeure provisions.In Corbin on Contracts: Force Majeure and Impossibility of Performance Resulting From COVID-19 the law regarding force majeure and impossibility and related legal theories is chronicled in the following chapters:Impossibility of Performance - Personal InabilityDeath or Destruction of Specific Things - Prorating SupplyLegal Prohibition -Government Prohibition and Exigencies of WarDischarge by Frustration of PurposeImpossibility of Performance of a Condition; Remedy of RestitutionIn addition, author Timothy Murray has provided a detailed introduction which also serves as a guide providing a roadmap to assist the reader in traversing issues related to the effect of the COVID-19 pandemic on contractual obligations.
Download or read book Drafting International Contracts written by Marcel Fontaine and published by BRILL. This book was released on 2015-03-31 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drafting International Contracts is an essential resource for anyone working in international business. It features the latest trends, fostering an understanding of how international contracts are drafted in practice.
Download or read book Contract Law Minimalism written by Jonathan Morgan and published by Cambridge University Press. This book was released on 2013-11-07 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.
Download or read book The Contractual Obligations Subsequent Impossibility and Commercial Hardship written by Rakan Fahad M. Alrdaan and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Chinese Contract Law Theory Practice Second Edition written by Mo Zhang and published by BRILL. This book was released on 2019-12-16 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chinese Contract Law (2nd Ed) contains the latest developments of contract legislation, adjudication and practices in China and provides all information necessary to comprehend contemporary Chinese contract law.
Download or read book Employment and Commercial Disputes The International Aspects written by Paul Nicholls, KC and published by Bloomsbury Publishing. This book was released on 2020-12-28 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to the conflict of laws dealing with jurisdiction and applicable law in commercial and employment-related cases enabling practitioners to assimilate and understand the rules which apply in cases that have an international element. Commercial claims have long had an international element and the same is increasingly true for employment cases in particular in employee competition or team moves where, for example, a defendant in country A is orchestrating a team move in country B. This book assists practitioners by having the law relevant to these sorts of cases in one place in an easy to understand manner. It states the law applicable in particular to both commercial and employment cases. This covers both High Court claims but also, in its employment section, statutory claims involving employees who work abroad or otherwise may be said to lack a connection with the UK. It uses examples to augment the statement of the law and offers tactical and strategic guidance based on real cases. As well as providing a guide to the law, comment on the strategy and tactics underlying claims and defences are provided and examples of how these matters can and do play out in practice are given.
Download or read book Commercial Contracts A Practical Guide to Standard Terms written by Saleem Sheikh and published by Bloomsbury Publishing. This book was released on 2020-01-15 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides useful background and detailed advice on the law surrounding a wide range of commercial agreements including: Key common clauses; When to use standard terms; Procedures and good practice; Termination of contracts; Remedies for breach; Specific issues relating to export, software and consumer contracts. It also contains valuable precedents, including expert guidance on Business-to-Business and Business-to-Consumer agreements, providing users with an excellent tool for drafting commercial contracts. Key changes for the new 5th edition include coverage and analysis of: - important case law as to when terms are unfair or unreasonable, notably the first Supreme Court ruling on the fairness test in ParkingEye Ltd v Beavis - Changes in the regulation of consumer credit since regulation passed to the Financial Conduct Authority - Fresh court guidance as to when terms have been incorporated into a contract - Rulings on the rules as to the enforceable of onerous terms - The Consumer Rights Act 2015 - The effect of the Data Protection Act 2018 and GDPR - Brexit and the transitional period - The new 2019 EU Regulation on privacy - Replacement of the PECR regulations by the new EU Directive on trade secrets and UK implementation An essential resource for commercial contract drafters helping them to prepare water tight legal agreements and ensure that they are completely clear on what a business must do to stay on the right side of the law. Includes online access to downloadable precedents
Download or read book Frustration of Contracts and Force Majeure in a World of Pandemics written by Taka Gambe and published by . This book was released on 2020-04-10 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taka's journey started by obtaining a Bachelor of Laws (Honours) LLB, then an InternationalBusiness Law LLM and a PGd in Banking and Finance MSc.Over the years, he has grown a keen interest in Finance, Investments and Globalisation ofBusinesses and how they interact in conjunction with the law.Now as a business builder and portfolio manager for himself and investors with millions ofassets under management he occasionally shares some insights, like in this book.Learn about what pandemics and unforeseen delays have on your commercial contracts.
