Frustration and Force Majeure

Author: Guenter Treitel QC
Year: 2014

The third 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 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.

• It examines the impact of changes in the law of contract such as changes to the Sale of Goods Act 1979 made by the Sale of Goods Amendment Act 1995
• Reviews the impact of recent SIs, most significantly the Unfair Terms in Consumer Contracts Regulations 1999 and the Sale and Supply of Goods to Consumers Regulations 2002
• Provides a thorough examination of the principles governing the sanctity of a contract
• Examines the conflict between contractual obligations and the ability to discharge said obligations in response to supervening events
• Discusses in detail the development of the doctrine of Frustration within the law of contract
• Contains a comparative element to the narrative which looks at the topic of foreign systems for rules, concepts and examples with which an evaluation of the English rules can be made
• There is a varied examination of the concept of Impossibility as expressed in contractual terms
• Illegality including supervening prohibitions, interference with performance and qualified prohibition will all be discussed in detail
• Deals clearly with the conceptual elements of Force Majeure clauses e.g.’ In Perpetuity clauses’