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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Frustration and Force Majeure 3rd ed

ISBN13: 9780414028531
Previous Edition ISBN: 0421778202
Published: January 2014
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £251.00

In stock.

The new 3rd 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.

It guides practitioners through a list of supervening events that may be encountered in any commercial transaction, setting out the statutory principles involved, and discussing their interpretation by the courts in a number of common law jurisdictions.

  • Discusses in detail the development of the doctrine of frustration within the law of contract
  • Examines impossibility, impracticability, prospective frustration and illegality as grounds for discharge from contractual obligations
  • Considers the special factors affecting land and leases
  • Considers the effects of frustration, including automatic and total discharge, mitigation in respect of discharge, and problems created by one-sided or partial performance
  • Discusses contractual provision for supervening events, including force majeure clauses
  • Explores recent case law in detail, highlighting developments in judicial thinking

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