Contracts: force majeure
A Practice note that explains the principle of force majeure under English law, what a force majeure clause does, and when it should be used. This note provides guidance on defining force majeure events and examines key concepts such as what constitutes an event beyond a party's reasonable control and the different legal thresholds of being "prevented," "hindered," or "delayed" from performance. The guidance covers the duty to take reasonable steps to mitigate an event's effects, addresses the procedural requirements for invoking a clause, such as giving notice, and outlines the typical effects, including suspension and termination rights. Finally, this note summarises the statutory controls that apply under the Unfair Contract Terms Act 1977 (UCTA).
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