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Frustration and Force Majeure 4th ed (eBook)


ISBN13: 9780414098589
Published: December 2021
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: eBook (ProView)
Price: £332.00
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The fourth 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. The author guides the reader through the types of supervening events which may be encountered in any commercial transaction, setting out the principles involved, together with judicial interpretations from a number of common law jurisdictions.

FEATURES:

  • Examines the conflict between contractual obligations and the ability to discharge such obligations in the light of supervening events
  • Discusses in detail the development and application of the doctrine of Frustration within the law of contract
  • Deals clearly with the purpose, nature and construction of Force Majeure and similar clauses
  • Contains a comparative element to the narrative which looks at foreign systems for rules, concepts and examples with which an evaluation of the English rules can be made
  • Contains an examination of the concept of impossibility distinguishing between various types of impossibility and between impossibility and impracticability
  • Covers “frustration of purpose” and illegality including supervening prohibitions, interference with performance and qualified prohibition, all of which are discussed in detail
  • Assesses the importance and effect of factors such as the passing of risk, foreseeability and whether frustration is “self-induced”
  • Discusses the legal consequences of frustration at common law, as modified by legislation
WHAT’S NEW

Professor Peel in this new 4th edition:

  • Discusses 70 new cases decided in England and in other common law jurisdictions
  • Examines the impact on the law relating to frustration of recent cases arising out of the Covid-19 pandemic and “Brexit”
  • Discusses the relation, in cases of an employee’s supervening disability, between common law frustration and the employer’s duty (under the Equality Act 2010) to make reasonable adjustments
  • Examines cases in frustration such as the Canary Wharf case (2019) (Brexit), the Cine-UK case (2021) (Covid-19), the Blankley case (2015) (incapacity and agency contracts) the Gemcorp case (2018) (fluctuating currency exchange), and the Spicejet and Salam Air cases (2021) (“hell or high water clauses”)
  • Examines cases on Force Majeure clauses such as the Classic Maritime case (2019) (“contractual frustration” clauses and “exceptions” clauses and the requirements of causation), the Seadrill case (2018) (“reasonable endeavours”), and the Dwyer case (2021) (party designated force majeure and implied obligations of good faith)
  • Discusses the first direct consideration of the interpretation of a “material adverse effect” clause in the Travelport case (2020)
  • Re-examines “theories” of frustration in the light of recent judicial opinions

Subjects:
Contract Law, eBooks
Contents:
Chapter 1 Introduction
Chapter 2 Development
Chapter 3 Impossibility in General: Destruction of Subject-Matter
Chapter 4 Other Types of impossibility
Chapter 5 Partial and Temporary Impossibility
Chapter 6 Impracticability
Chapter 7 Frustration of Purpose
Chapter 8 Illegality
Chapter 9 Prospective Frustration
Chapter 10 Alternatives
Chapter 11 Leases of Land
Chapter 12 Contractual Provisions for Supervening Events
Chapter 13 Foreseen and Foreseeable Events
Chapter 14 Self-Induced frustration
Chapter 15 Effects of Frustration
Chapter 16 Nature of the Doctrine

Series: Contract Law Library

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Frustration and Force Majeure 4th ed ISBN 9780414098558
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Duress, Undue Influence and Unconscionable Dealings 3rd ed with 1st Supplement ISBN 9780414084049
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Duress, Undue Influence and Unconscionable Dealings 3rd ed: 1st Supplement ISBN 9780414082090
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Illegality and Public Policy 5th ed ISBN 9780414078482
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Sweet & Maxwell Ltd
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Illegality and Public Policy 5th ed (eBook) ISBN 9780414081420
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Misrepresentation, Mistake and Non-Disclosure 5th ed (eBook) ISBN 9780414075955
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Misrepresentation, Mistake and Non-Disclosure 5th ed (Book & eBook Pack) ISBN 9780414075948
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Sweet & Maxwell Ltd
Out of print
Misrepresentation, Mistake and Non-Disclosure 5th ed ISBN 9780414071186
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Sweet & Maxwell Ltd
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Duress, Undue Influence and Unconscionable Dealings 3rd ed ISBN 9780414065802
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Sweet & Maxwell Ltd
Out of print
Misrepresentation, Mistake and Non-Disclosure 4th ed ISBN 9780414057036
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Sweet & Maxwell Ltd
Out of print
Damages for Breach of Contract ISBN 9780414055469
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Sweet & Maxwell Ltd
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Estoppel by Conduct and Election 2nd ed ISBN 9780414028449
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Sweet & Maxwell Ltd
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£269.00
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Duress, Undue Influence and Unconscionable Dealings 2nd ed ISBN 9781847038036
Published December 2012
Sweet & Maxwell Ltd
Out of print
The Interpretation of Contracts 4th ed with 1st Supplement ISBN 9780414041295
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Sweet & Maxwell Ltd
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The Interpretation of Contracts 4th ed ISBN 9781847033550
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Sweet & Maxwell Ltd
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Publication Abandoned