Commentary

22.9 Drafting points—force majeure clause

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

22.9 Drafting points—force majeure clause

| Commentary

22.9 Drafting points—force majeure clause

When drafting a force majeure clause, the following matters need consideration:

  1. (a)

        The effect of a force majeure event on parties’ obligations, for example:

    1. (i)

          the parties are released from their respective obligations;

    2. (ii)

          the parties can suspend or vary their obligations as long as the force majeure event renders performance impossible;

    3. (iii)

          the performance of the obligations of the parties is suspended and the parties after a certain period, have the option to terminate the agreement if performance cannot be resumed.

  2. (b)

        The consequences of a force majeure event, for example:

    1. (i)

          any money

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial