| Commentary

22.2 Force majeure clauses

| Commentary

22.2 Force majeure clauses

To avoid bringing the contract to an end under the law of frustration, English law contracts frequently include a force majeure clause, under which the parties expressly agree to exempt each other from performance of the contract or liability for breach of contract where the failure to perform is due to factors beyond that party’s control. In effect, a force majeure clause suspends the contract until the force majeure event is no longer in operation. Such clauses are effective provided that they are not uncertain in their terms, and for this purpose a provision that ‘the

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