Corbin on Contracts

Corbin on Contracts
Author: Timothy Murray
Publisher:
Total Pages: 0
Release: 2021
Genre: COVID-19 Pandemic, 2020-
ISBN: 9781663316400

Perhaps no event in history has prompted as much ink to be spilled about contract law as the COVID-19 pandemic. The pandemic, and especially government reactions to it, have wreaked havoc on the supply chain, forced businesses to shut down, and rendered all manner of contracts intolerably costly or risky. The incalculable disruption to countless contracts has caused attorneys everywhere to examine whether their clients' contractual performance may be excused pursuant to the agreement's force majeure provision; a common law extra-contractual theory (impracticability, impossibility, or frustration of purpose); a statutory basis (U.C.C. ʹ 2-615); or an international treaty (the United Nations Convention on Contracts for the International Sale of Goods (CISG) Article 79). The pandemic's devastating effect on contracts promises to generate significant litigation and will impel attorneys to rethink how they draft force majeure provisions.In Corbin on Contracts: Force Majeure and Impossibility of Performance Resulting From COVID-19 the law regarding force majeure and impossibility and related legal theories is chronicled in the following chapters:Impossibility of Performance - Personal InabilityDeath or Destruction of Specific Things - Prorating SupplyLegal Prohibition -Government Prohibition and Exigencies of WarDischarge by Frustration of PurposeImpossibility of Performance of a Condition; Remedy of RestitutionIn addition, author Timothy Murray has provided a detailed introduction which also serves as a guide providing a roadmap to assist the reader in traversing issues related to the effect of the COVID-19 pandemic on contractual obligations.

Contractual Performance and COVID-19

Contractual Performance and COVID-19
Author: Franz Schwarz
Publisher: Kluwer Law International B.V.
Total Pages: 610
Release: 2021-11-25
Genre: Law
ISBN: 9403526343

As the COVID-19 pandemic continues to take its toll, contractual parties have frequently faced significant obstacles in performing their contractual obligations due to unexpected impediments arising from the pandemic and government measures taken in response. This indispensable book – the most comprehensive comparative examination of the impact of the COVID-19 pandemic on contractual performance – discusses the legal provisions and doctrines available to address these issues. The book examines under what circumstances COVID-19-related impediments may excuse contractual performance or lead to modification or termination of the affected contractual obligations in twelve representative civil and common law jurisdictions – the United States, England and Wales, Singapore, Brazil, Germany, France, Switzerland, Austria, Hong Kong, Costa Rica, China, and Russia. For each country, the book examines the following aspects in depth: the relevant fundamental legal principles; the various legal emergency valves available to an obligor to respond to COVID-19-related events; any remedies available to the obligee; selected examples for specific government measures related to particular types of contracts (e.g., construction, employment, lease agreements); and how the legal framework applies in typical factual scenarios. As further legal and factual developments occur, and with further jurisdictions being added, this publication will continue to be updated both online and in print. The book provides a detailed explanation under what conditions the emergency valves specific to each jurisdiction may apply. It cuts through the seeming complexity of the various legal rules and doctrines in these jurisdictions and shows that they often produce similar results in practice. The book thus opens up a wealth of insights for businesses, practitioners, and academics around the globe by providing an easily accessible analytical framework across key jurisdictions and typical factual scenarios. ‘Definitely mandatory reading for practitioners and academics alike!’ –Klaus Peter Berger, University of Cologne ‘Everyone who has had or is likely to have a brush with a COVID-19-induced legal issue would be well advised to keep this book within arm’s reach.’ – Davinder Singh, Davinder Singh Chambers LLC, Singapore ‘The “holy book” for all those lawyers whose clients become ensnared in the rising attempts to fix legal liability midst the rampant COVID-19.’ – Charles Brower, Twenty Essex, London

Frustration and Force Majeure

Frustration and Force Majeure
Author: Guenter H. Treitel
Publisher:
Total Pages: 666
Release: 2014
Genre: Discharge of contracts
ISBN: 9780414028531

This is an invaluable guide to those who need both to write and to apply force majeure clauses.

Force Majeure and Frustration of Contract

Force Majeure and Frustration of Contract
Author: Ewan McKendrick
Publisher: CRC Press
Total Pages: 311
Release: 2013-12-13
Genre: Law
ISBN: 1317908805

This updated edition includes an examination of force majeure in French law, the drafting of force majeure clauses, its usage in shipbuilding contracts, and the application of commercial impracticality under article 2-165 of the Uniform Commercial Code.

Force Majeure and Frustration in Commercial Contracts

Force Majeure and Frustration in Commercial Contracts
Author: Ben Symons
Publisher: Bloomsbury Publishing
Total Pages: 219
Release: 2022-04-29
Genre: Law
ISBN: 1526517132

Principally concerned with the laws of England and Wales and Ireland, but also covering other UK common law jurisdictions including Australia, Canada, Singapore and Hong Kong, this title looks at both the doctrines of force majeure and frustration and their application to commercial contracts. It includes analysis and consequences of recent case law, including Classic Maritime Inc v Limbungan Makmur SDN BHD, Lion Diversified Holdings BHD and Seadrill Ghana Operations Ltd v Tullow Ghana Ltd. The title also sets out the statutory principles that apply. Whilst looking at these principles in a broad sense, it is also the first major work to relate them to, and address the issues brought about by, the COVID-19 pandemic. Written by leading experts Ben Symons and Joe Dalby SC from leading commercial set, 36 Commercial, it offers a comprehensive and authoritatively researched analysis of all issues related to force majeure and frustration. It is practical in its approach and it is essential reading for commercial practitioners and contract lawyers to ensure they leave no stone unturned when working on a matter involving either force majeure or frustration. This title is included in Bloomsbury Professional's Company and Commercial Law online service.

Frustration and Force Majeure

Frustration and Force Majeure
Author: Edwin Peel
Publisher:
Total Pages: 0
Release: 2021
Genre: Discharge of contracts
ISBN: 9780414098558

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.

Force Majeure:

Force Majeure:
Author: Terri Horton
Publisher:
Total Pages:
Release: 2021-08-04
Genre:
ISBN: 9780578249711

The future of work was now, that is until COVID-19 accelerated its unfolding by five to seven years, right before our eyes. The rules have changed. For most workers today, the unfolding of the future of work, particularly between 2021 and 2030 will be a series of disruptive, unanticipated, and uncontrollable events. It will be their force majeure. However, if you prepare and pivot, the future of work can be empowering, dynamic, and the catalyst for designing how to work on your terms with purpose and intention. The book is built on the author's framework of the power and intersectionality of being resilient, hyper-relevant, audaciously bold, and thriving. Dr. Horton integrates her experiences and expert insights with leading industry research to guide you through the path forward, to think, act and perform like a futurist, unapologetically pursue new possibilities, leverage power currencies, and to thrive in the future of work on your terms!

Force Majeure Clause by Covid-19 Pandemic and Aftermath Prediction

Force Majeure Clause by Covid-19 Pandemic and Aftermath Prediction
Author: Thiha Thu Kyinn
Publisher:
Total Pages: 0
Release: 2023-04-19
Genre:
ISBN: 9783346866424

Seminar paper from the year 2020 in the subject Business economics - Law, language: English, abstract: A force majeure event refers to the occurrence of an event that is outside the control of a contractual party and which prevents that party from performing its obligations under a contract. A party's ability to claim relief for a force majeure event depends upon the terms of the contract and how well the contract is drafted. With the COVID-19 pandemic devastating businesses and creating chaos, many businesses face non-performance of their contract with the pandemic as its center of reason. Though not all force majeure events are triggered by the pandemic, all the triggered events at this moment are because of the pandemic. There are many circumstances that are taken into account when giving relief to the party but those circumstances must be proven by the party requesting relief.

The Corporate Insolvency and Governance Act 2020 - A Practical Guide

The Corporate Insolvency and Governance Act 2020 - A Practical Guide
Author: Stephen Allinson
Publisher:
Total Pages: 120
Release: 2020-08-31
Genre:
ISBN: 9781913715120

This first book to be published specifically on the Act, guides the reader through all the provisions and analyses each one from a practical point of view. It will be required reading for anyone who practices in this area as a lawyer or insolvency professional.