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'
Introduction. Development. Impossibility in general: destruction of subject matter. Other types of impossibility. Partial and temporary impossibility. Impracticability. Frustration of purpose. Illegality. Prospective frustration. Alternatives. Frustration of leases. Contractual provisions for supervening events. Foreseen and foreseeable events. Self-induced frustration. Effects of frustration. Nature of the doctrine.