The following Commercial Q&A provides comprehensive and up to date legal information covering:
In English law, the expression ‘force majeure’ does not refer to a legal doctrine. Instead, the expression ‘force majeure clause’ is used to describe a contractual term which provides that, on the happening of a specified event or event beyond the parties’ control, one (or both) of the parties:
is entitled to cancel the contract (or it may be cancelled automatically)
is excused from performance of the contract, in whole or in part
is entitled to suspend performance or to claim an extension of time for performance
Whether or not a force majeure clause will assist in suspending performance obligations under a contract or give rise to a right to terminate a contract will be subject to the particular drafting of the clause and the general principles of contractual interpretation should be applied. See Practice Notes: Contract interpretation—the guiding principles and Contract interpretation—rules of contract interpretation.
It will be necessary to check to see if the definition of force majeure is wide enough to cover coronavirus (COVID–19) or the impact of coronavirus (such as supply chain disruption). If pandemic is not specifically referred to, does it fall within one of the itemised ‘Force Majeure Events’? For example, ‘Act of God’ is often used in force majeure clauses but would it cover the specific circumstances? For further commentary and examples of how
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This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies,
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
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