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Vol 21 No 11 Nov/Dec 2016

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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

Subjects:
Contract Law
Contents:
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.