Alison Mayfield examines the frustrations of force majeure
The common law doctrine of frustration comes into play when a contract becomes impossible to perform, or can only be performed in a way that is substantially different from what was originally set out in the contract. The effect is that the parties to the contract will be excused from further performance under the contract. However, frustration only applies in the absence of an express provision by the parties dealing with such events. Such a clause is usually called a force majeure clause.
What is force majeure?
Force majeure is literally translated as: superior forces. In common language it is an unexpected and disruptive event that may operate to excuse a party from their obligations under a contract. Force majeure is only recognised in English law if it is specifically provided for in the terms of a contract.
Why have a force majeure clause?
The purpose of a force majeure clause is to define, more or less precisely, the circumstances in which a party to a contract can be excused from performing its contractual obligations,
