Force Majeure
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Force Majeure And Frustration Of Contract
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Author : Ewan McKendrick
language : en
Publisher: CRC Press
Release Date : 2013-12-13
Force Majeure And Frustration Of Contract written by Ewan McKendrick and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-13 with Law categories.
This updated edition includes an examination of force majeure in French law, the drafting of force majeure clauses, its usage in shipbuilding contracts, and the application of commercial impracticality under article 2-165 of the Uniform Commercial Code.
Force Majeure And Hardship Under General Contract Principles
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Author : Christoph Brunner
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
Force Majeure And Hardship Under General Contract Principles written by Christoph Brunner and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.
Force Majeure
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Author : Bruce Wagner
language : en
Publisher: Simon and Schuster
Release Date : 2007-11-01
Force Majeure written by Bruce Wagner and has been published by Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-11-01 with Fiction categories.
Bud Wiggins dreamed of achieving fame as a screenwriter. He almost made it. Instead, he finds himself free-falling through a world of hallucinatory absurdity, low comedy, and epic degradation. A Hollywood bottom-feeder who moonlights as a limo driver to pay the bills, both tormented and vicariously aroused by his contact with the industry's elite, Mr. Wiggins bears poignant, paranoid witness to the horror and hysteria that are by-products of "the Business." His phantasmagoric saga, by turns picaresque, pornographic, and poetic, Force Majeure is the first of a projected quartet called "Scriptures" that will chronicle the misadventures and transcendental fall and rise -- comic, tragic, and tragicosmic -- of Bud Wiggins, Quixote of Babylon.
Hardship And Force Majeure In International Commercial Contracts
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Author : Fabio Bortolotti
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-07-15
Hardship And Force Majeure In International Commercial Contracts written by Fabio Bortolotti and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-15 with Law categories.
Force Majeure and Hardship are commonly invoked in international trade when unforeseen events occur making performance impossible or impracticable. Most national legislators provide rules to deal with these issues, but the specifi c solutions adopted in domestic laws vary substantially from one country to another. In recent years the growing complexity of trade in a globalized world has greatly increased the number of situations where a party can invoke force majeure or hardship. Parties need to be able to analyse the nature and characteristics of force majeure and hardship and look for contractual clauses which can regulate these issues in conformity with their needs. Written by international practitioners, this dossier explores the evolution of the rules on hardship, the ICC Clause on Hardship and the perspectives of contract adaptation by arbitrators. The section on Force Majeure includes an overview of recent arbitral case law (impediment beyond sphere of control and risk of the obligor; foreseeability; causation; notice requirement), analysis of the ICC 2003 Force Majeure Clause and an update on its revision. Two other important themes are included: the relationship between force majeure and applicable law, general principles of law and trade usages as well as the impact of economic sanctions.
Frustration And Force Majeure
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Author : G. H. Treitel
language : en
Publisher:
Release Date : 2004
Frustration And Force Majeure written by G. H. Treitel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Discharge of contracts categories.
This is an invaluable guide to those who need both to write and to apply force majeure clauses.
Force Majeure And Frustration In Commercial Contracts
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Author : Ben Symons
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-04-29
Force Majeure And Frustration In Commercial Contracts written by Ben Symons and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-29 with Law categories.
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.
Force Majeure And Frustration Of Contract
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Author : Ewan McKendrick
language : en
Publisher: L L P
Release Date : 1991
Force Majeure And Frustration Of Contract written by Ewan McKendrick and has been published by L L P this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Breach of contract categories.
Frustration And Force Majeure
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Author : G. H. Treitel
language : en
Publisher:
Release Date : 1994-01-01
Frustration And Force Majeure written by G. H. Treitel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-01-01 with Contracts categories.
This is 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.
Force Majeure And Hardship
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Author :
language : en
Publisher:
Release Date : 1985
Force Majeure And Hardship written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Law categories.
Covid 19 Force Majeure And Frustration Of Contracts The Essential Guide
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Author : Keith Markham
language : en
Publisher:
Release Date : 2020-07-08
Covid 19 Force Majeure And Frustration Of Contracts The Essential Guide written by Keith Markham and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-08 with categories.
This book aims to outline the key provisions, together with a series of practical steps that need to be taken in order to deal with these issues as smoothly as possible.