The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:
Coronavirus (COVID-19) toolkit—Contracts
Coronavirus (COVID-19) and contractual obligations—checklist
together with the Q&A (in the related content pod on the right hand side) for specific guidance on the issues to consider if your contract is impacted by coronavirus.
This Practice Note summarises how the common law doctrine of frustration may operate to discharge an agreement and the legal consequences of a contract being frustrated, including issues of partial frustration, party at fault (self-induced frustration) and examples of types of frustrating event. See also Practice Notes:
Frustration event analysis—a practical guide
Frustration—key and illustrative decisions
Frustration is a common law doctrine which operates to bring an agreement to an end on the happening of some unforeseen supervening event which is beyond the control of the parties to the agreement.
A contract may be frustrated if an unforeseen event occurs after the contract is formed and:
as a result of that event:
the contract becomes impossible to perform and/or
the obligations under the contract are transformed into something radically different
the contract does not contain a clause intended to deal with the unforeseen event
the unforeseen event is not caused by either party’s conduct
The effect of frustration is:
the contract is immediately brought to an end
both parties are released from any further performance under
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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.
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This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
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