22: FORCE MAJEURE

(For force majeure clauses see Form 22.1 [1368] onwards.)

22.1 Frustration of contract

If a contract becomes impossible to perform, or is capable of performance only in a manner substantially different from that originally envisaged, then in the absence of express provision by the parties, further performance is excused under the common law doctrine of frustration. Therefore, the purpose of a force majeure clause is usually to define, more or less precisely, the circumstances in which a party to a contract can be excused from performing its contractual obligations, if performance is hindered or made impossible by circumstances beyond

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