Commentary

22.6 ‘beyond the reasonable control’ or ‘beyond the control’ of a party

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

22.6 ‘beyond the reasonable control’ or ‘beyond the control’ of a party

| Commentary

22.6 ‘beyond the reasonable control’ or ‘beyond the control’ of a party

Many force majeure clauses provide that a party is not liable for events which are beyond its (reasonable) control, whether in general terms or together with a list of specific matters. For example:

‘Neither party shall be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party.’

Such wording will need careful consideration by the contract drafter as to its likely effect:

  1. (a)

        where there is a list of specific

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