Date/Time
Date: 10/04/2020 - 10/04/2035
Time: 12:00 am
Speaker - Keith Markham
Categories

AVAILABLE AS A RECORDING ONLY, FOR UNLIMITED VIEWING, FROM 10TH APRIL 2020

Force majeure clauses often languish unnoticed in the boilerplate section of a contract until something goes wrong, at which point they are considered in minute detail in the hope of being relied upon. Frustration is a little known common law doctrine that can act as the default argument in the absence of a force majeure clause or, more likely, where the force majeure clause does not produce the desired result.

Brexit and Covid 19 have brought these issues to prominence once again and this session looks at the most important aspects of force majeure clauses as well as the circumstances in which frustration may apply.  Topics will include:

Force Majeure

  • defining force majeure events – the less detail the better?
  • prevention and mitigation obligations
  • causation requirement
  • disaster recovery planning
  • summary of relevant case law

Frustration

  • relationship with force majeure clauses
  • frustration by supervening illegality
  • frustration of common purpose
  • summary of relevant case law

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