Frustration and Force Majeure 4th edition
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Frustration and Force Majeure 4th edition
By Guenter Treitel KC
Frustration and Force Majeure 4th edition

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Frustration and Force Majeure 4th edition

By Guenter Treitel KC

Book

$599.20* $749.00 RRP Save: $149.80 (20%)

Date: 15/12/2021

Code: 9780414098558

Sweet & Maxwell, UNITED KINGDOM

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Book Frustration and Force Majeure 4th edition 15/12/2021 9780414098558 $599.20 Add to cart
Book+eBook Frustration and Force Majeure 4th Edition Book + eBook 15/12/2021 9780414098572 $780.80 Add to cart
eBook - ProView Frustration and Force Majeure 4th Edition eBook 15/12/2021 9780414098589 $599.20 Add to cart

Available Formats

Format
Price
Book
$599.20
Additional information
Date
15/12/2021
Code
9780414098558
Add to cart
Book+eBook
$780.80
Additional information
Date
15/12/2021
Code
9780414098572
Add to cart
eBook - ProView
$599.20
Additional information
Date
15/12/2021
Code
9780414098589
Add to cart

Description

The fourth edition of Frustration and Force Majeure provides a thorough examination of the principles governing the conflict between the sanctity of contract and the discharge of contractual obligations in response to supervening events. The author guides the reader through the types of supervening events which may be encountered in any commercial transaction, setting out the principles involved, together with judicial interpretations from a number of common law jurisdictions.
 
FEATURES:
  • Examines the conflict between contractual obligations and the ability to discharge such obligations in the light of supervening events
  • •Discusses in detail the development and application of the doctrine of Frustration within the law of contract
  • •Deals clearly with the purpose, nature and construction of Force Majeure and similar clauses
  • Contains a comparative element to the narrative which looks at foreign systems for rules, concepts and examples with which an evaluation of the English rules can be made
  • Contains an examination of the concept of impossibility distinguishing between various types of impossibility and between impossibility and impracticability
  • Covers “frustration of purpose” and illegality including supervening prohibitions, interference with performance and qualified prohibition, all of which are discussed in detail
  • Assesses the importance and effect of factors such as the passing of risk, foreseeability and whether frustration is “self-induced”
  • Discusses the legal consequences of frustration at common law, as modified by legislation
WHAT’S NEW
 
Professor Peel in this new 4th edition:
  • Discusses 70 new cases decided in England and in other common law jurisdictions
  • Examines the impact on the law relating to frustration of recent cases arising out of the Covid-19 pandemic and “Brexit”
  • Discusses the relation, in cases of an employee’s supervening disability, between common law frustration and the employer’s duty (under the Equality Act 2010) to make reasonable adjustments
  • Examines cases in frustration such as the Canary Wharf case (2019) (Brexit), the Cine-UK case (2021) (Covid-19), the Blankley case (2015) (incapacity and agency contracts) the Gemcorp case (2018) (fluctuating currency exchange), and the Spicejet and Salam Air cases (2021) (“hell or high water clauses”)
  • Examines cases on Force Majeure clauses such as the Classic Maritime case (2019) (“contractual frustration” clauses and “exceptions” clauses and the requirements of causation), the Seadrill case (2018) (“reasonable endeavours”), and the Dwyer case (2021) (party designated force majeure and implied obligations of good faith)
  • Discusses the first direct consideration of the interpretation of a “material adverse effect” clause in the Travelport case (2020)
  • Re-examines “theories” of frustration in the light of recent judicial opinions

 

Table of Contents

  • Chapter 1 Introduction
  • Chapter 2 Development
  • Chapter 3 Impossibility in General: Destruction of Subject-Matter
  • Chapter 4 Other Types of impossibility
  • Chapter 5 Partial and Temporary Impossibility
  • Chapter 6 Impracticability
  • Chapter 7 Frustration of Purpose
  • Chapter 8 Illegality
  • Chapter 9 Prospective Frustration
  • Chapter 10 Alternatives
  • Chapter 11 Leases of Land
  • Chapter 12 Contractual Provisions for Supervening Events
  • Chapter 13 Foreseen and Foreseeable Events
  • Chapter 14 Self-Induced frustration
  • Chapter 15 Effects of Frustration
  • Chapter 16 Nature of the Doctrine

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Available Formats

Format Title Date Code Price
Book Frustration and Force Majeure 4th edition 15/12/2021 9780414098558 $599.20 Add to cart
Book+eBook Frustration and Force Majeure 4th Edition Book + eBook 15/12/2021 9780414098572 $780.80 Add to cart
eBook - ProView Frustration and Force Majeure 4th Edition eBook 15/12/2021 9780414098589 $599.20 Add to cart

Available Formats

Format
Price
Book
$599.20
Additional information
Date
15/12/2021
Code
9780414098558
Add to cart
Book+eBook
$780.80
Additional information
Date
15/12/2021
Code
9780414098572
Add to cart
eBook - ProView
$599.20
Additional information
Date
15/12/2021
Code
9780414098589
Add to cart

Have a promo code?

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Description

The fourth edition of Frustration and Force Majeure provides a thorough examination of the principles governing the conflict between the sanctity of contract and the discharge of contractual obligations in response to supervening events. The author guides the reader through the types of supervening events which may be encountered in any commercial transaction, setting out the principles involved, together with judicial interpretations from a number of common law jurisdictions.
 
FEATURES:
  • Examines the conflict between contractual obligations and the ability to discharge such obligations in the light of supervening events
  • •Discusses in detail the development and application of the doctrine of Frustration within the law of contract
  • •Deals clearly with the purpose, nature and construction of Force Majeure and similar clauses
  • Contains a comparative element to the narrative which looks at foreign systems for rules, concepts and examples with which an evaluation of the English rules can be made
  • Contains an examination of the concept of impossibility distinguishing between various types of impossibility and between impossibility and impracticability
  • Covers “frustration of purpose” and illegality including supervening prohibitions, interference with performance and qualified prohibition, all of which are discussed in detail
  • Assesses the importance and effect of factors such as the passing of risk, foreseeability and whether frustration is “self-induced”
  • Discusses the legal consequences of frustration at common law, as modified by legislation
WHAT’S NEW
 
Professor Peel in this new 4th edition:
  • Discusses 70 new cases decided in England and in other common law jurisdictions
  • Examines the impact on the law relating to frustration of recent cases arising out of the Covid-19 pandemic and “Brexit”
  • Discusses the relation, in cases of an employee’s supervening disability, between common law frustration and the employer’s duty (under the Equality Act 2010) to make reasonable adjustments
  • Examines cases in frustration such as the Canary Wharf case (2019) (Brexit), the Cine-UK case (2021) (Covid-19), the Blankley case (2015) (incapacity and agency contracts) the Gemcorp case (2018) (fluctuating currency exchange), and the Spicejet and Salam Air cases (2021) (“hell or high water clauses”)
  • Examines cases on Force Majeure clauses such as the Classic Maritime case (2019) (“contractual frustration” clauses and “exceptions” clauses and the requirements of causation), the Seadrill case (2018) (“reasonable endeavours”), and the Dwyer case (2021) (party designated force majeure and implied obligations of good faith)
  • Discusses the first direct consideration of the interpretation of a “material adverse effect” clause in the Travelport case (2020)
  • Re-examines “theories” of frustration in the light of recent judicial opinions

 

Table of Contents

  • Chapter 1 Introduction
  • Chapter 2 Development
  • Chapter 3 Impossibility in General: Destruction of Subject-Matter
  • Chapter 4 Other Types of impossibility
  • Chapter 5 Partial and Temporary Impossibility
  • Chapter 6 Impracticability
  • Chapter 7 Frustration of Purpose
  • Chapter 8 Illegality
  • Chapter 9 Prospective Frustration
  • Chapter 10 Alternatives
  • Chapter 11 Leases of Land
  • Chapter 12 Contractual Provisions for Supervening Events
  • Chapter 13 Foreseen and Foreseeable Events
  • Chapter 14 Self-Induced frustration
  • Chapter 15 Effects of Frustration
  • Chapter 16 Nature of the Doctrine
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