Commentary

22.4 ‘Beyond the control’—labour disputes

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

22.4 ‘Beyond the control’—labour disputes

| Commentary

22.4 ‘Beyond the control’—labour disputes

Depending on the circumstances, it may be appropriate to consider the likelihood of industrial action by a party’s employees affecting performance of the contract, and the possible difficulty of proving that this was beyond the control of that party. To ensure that such events are covered by the force majeure clause, events such as ‘strike or lock-out’ should be listed among the force majeure events and (depending on one’s point of view) followed by such words as:

‘(other than a strike or lockout induced by the party so incapacitated)’

or:

‘(including strikes or lockouts involving

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