Frustration and Force Majeure 4th Edition

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.

FEATURES:

• Examines the conflict between contractual obligations and the ability to discharge such obligations in the light of supervening events

• Discusses in detail the development and application of the doctrine of Frustration within the law of contract

• Deals clearly with the purpose, nature and construction of Force Majeure and similar clauses

• Contains a comparative element to the narrative which looks at foreign systems for rules, concepts and examples with which an evaluation of the English rules can be made

• Contains an examination of the concept of impossibility distinguishing between various types of impossibility and between impossibility and impracticability

• Covers “frustration of purpose” and illegality including supervening prohibitions, interference with performance and qualified prohibition, all of which are discussed in detail

• Assesses the importance and effect of factors such as the passing of risk, foreseeability and whether frustration is “self-induced”

• Discusses the legal consequences of frustration at common law, as modified by legislation