Force Majeure and Frustration in Commercial Contracts

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.

List of contents

Chapter 1: Introduction to Force Majeure
Chapter 2: General Principles of Contractual Interpretation
Chapter 3: What constitutes a "force majeure" event?
Chapter 4: Prevent, hinder and/or delay
Chapter 5: Beyond reasonable control
Chapter 6: Causation
Chapter 7: Notice
Chapter 8: Material adverse change (“MAC”) clauses
Chapter 9: Force majeure in international case law
Chapter 10: Frustration

About the author

Ben Symons
Ben Symons has a broad commercial law and taxation law practice. Ben acts in a wide range of disputes in both the High Court and the County Courts including commercial and trust disputes, professional negligence disputes, employment law, probate disputes, professional negligence, civil and commercial fraud and cost assessment matters. Ben also has a particular interest in cyber/data protection law and class actions. Ben also has a large practice in all aspects of UK and international taxation advisory and disputes matters.
Prior to joining the Bar, Ben worked as senior legal counsel for a number of large investment banks in London and regularly advised on complex structured finance transactions in excess of £500 million. Ben is also currently the secretary of the UK branch of the International Fiscal Association.

Contributor: Joseph Dalby SC
Joseph Dalby SC is an English & Welsh, and Irish, barrister, practicing civil, commercial and European law, full time in the English and Irish jurisdictions, and internationally on domestic, cross-border and international matters within his areas of experience. This includes: Advocacy before the English and Irish Courts, tribunals, arbitrations and regulatory bodies, and Specialist advice in EU, UK, and Irish law Joseph's practice covers commercial, business regulation, chancery/private client, administrative law, and dispute resolution.

Summary

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.

Foreword

A practitioner’s guide to the doctrines of frustration and force majeure to commercial contracts taking a comprehensive look at all issues related to force majeure and frustration.

Product details

• Authors: Joseph Dalby SC, Joseph Dalby Sc, Ben Symons
• Publisher: Bloomsbury Academic
• Languages: English
• Product format: Hardback
• Released: 30.06.2022
• EAN: 9781526517111
• ISBN: 978-1-5265-1711-1
• No. of pages: 224
• Dimensions: 160 mm x 252 mm x 24 mm
• Weight: 520 g
• Subjects: Social sciences, law, business > Law > International law, foreign law; LAW / Commercial / General, LAW / Contracts, Commercial law, contract law