Publication Type

Journal Article

Publication Date

1-1991

Abstract

Professor Yates has covered in considerable detail the major problem areas in the use of force majeure clauses. His work is admirable in its technical details as well as in its use for the practitioner. I wish to add but a few brief comments about 2 chronic difficulties with the enforcement of force majeure clauses. To some extent these difficulties are common to all cases that involve excuse by way of frustration, impossibility, or commercial impracticability. The first has to do with foreseeability and the second has to do with post-excuse remedies. It has become a truism that a force majeure clause provides relief from difficulties caused by a fortuitous event. Some courts tend to limit the application of a force majeure clause to those events which are completely unexpected.

Discipline

Commercial Law | Contracts

Research Areas

Commercial Law

Publication

Journal of Contract Law

Volume

3

Issue

3

First Page

214

Last Page

217

ISSN

1030-7230

Publisher

Elsevier Science B.V., Amsterdam.

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

Share

COinS