Force majeure—consequences and contract discharge


Published by a ³ÉÈËÓ°Òô Dispute Resolution expert
Practice notes
COVID-19

Force majeure—consequences and contract discharge


Published by a ³ÉÈËÓ°Òô Dispute Resolution expert

Practice notes
COVID-19
imgtext

This Practice Note considers Force majeure as it applies in English law and the circumstances in which a force majeure event may cause a contract to come to an end, including burden of proof, interpretation of force majeure clauses (operative verb), procedural requirements and challenging the validity of a force majeure clause. See also Practice Notes:

  1. •

    Force majeure clause analysis—a practical guide

  2. •

    Force majeure—key and illustrative decisions

For assistance when giving notice of a force majeure event, see Precedent: Force majeure notice.

Force majeure clauses were thrust under the microscope in light of ‘world events’, such as the coronavirus (COVID-19) pandemic in 2020 and Russia’s invasion of Ukraine in 2022, on which see: Force majeure and current world events below.

Force majeure—meaning and nature

The key features of force majeure are:

  1. •

    a 'force majeure clause' is a contractual term providing for one (or both) parties to be excused from performance on the happening of a specified event outside the parties' control

  2. •

    the meaning and effect of a force majeure clause depends on

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Force majeure definition
What does Force majeure mean?

An unexpected and exceptional event that allows one party to terminate the contract without being liable for damages.

Read more readmore

Popular documents

Where are misrepresentations made? Jurisdictional traps for the unwary (Bellmare Holdings Ltd v Wells)

Dispute Resolution analysis: The High Court has provided concise guidance as to how misrepresentation should be analysed when considering jurisdictional gateways. Under Article 5(3) of the Lugano Convention, in negligent misstatement cases, the place of the event giving rise to damage is normally

Negligence—key elements to establish a negligence claim

Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For specific guidance on negligence in the context of company/parent company liability, banks and in professional negligence cases, see:•Practice Note: Tortious

Rescission of a contract

Rescission of a contractThis Practice Note considers the remedy of rescission, summarising when and how a contract may be rescinded (at common law, equity and under statute) and thereby brought to an end. It includes the effect of rescission, the main grounds for rescinding a contract

Negligence—when does a duty of care arise?

Negligence—when does a duty of care arise?This Practice Note considers the first question to ask when faced with a prospective claim in negligence—whether or not a duty of care exists between the claimant and the defendant such that, if the defendant has breached that duty, liability may arise.For