Force Majeure Clauses and Frustration of Contracts

30 Сен

Публикация посвящена форс-мажорным обстоятельствам, а также формулировкам оговорок о форс-мажоре и тщетности договора по английскому праву

Any of force majeure events can affect the ability of the parties to a contract to perform it. Force majeure clauses can cover the following events, but not limited to:

—         Act of God

—         Threat of war and actual war

—         Lockout or other industrial actons and strikes

—         Fire

—         Government action

—         Embargo

—         Default of contractors or suppliers

—         Loss or breakdown of vessel or unavailibility of cargo.

An attempt to broadly widen the wording of force majeure clauses related to the abovementioned events may not be accepted by an English Court. If the description of the event is not correct ana accurete enough to describe in detail what has happened, a party or both of them will not be entitled to rely on the force majeure clause in order to avoid its contractual obligations. A carefull risk assessment of events over which neither party has control, but which might directly affect the ability of one of the parties to perform the contract needs to be kept under review. Assumptions are made when in fact the contract terms are not clear on the issue.

The force majeure event has to make the contract impossible or its consequence is that it destroys the purpose of the contract in the first place. A party will not be able to claim frustration if the event which has caused the frustration is listed in the force majeure clause.

Автор: Jacques L.

Источник: Container Management. — 2011. —  September/October. — P. 39.