Force Majeure
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| Author | : Bruce Wagner |
| Publisher | : Simon and Schuster |
| Total Pages | : 486 |
| Release | : 2007-11-01 |
| Genre | : Fiction |
| ISBN | : 1416591397 |
Bud Wiggins dreamed of achieving fame as a screenwriter. He almost made it. Instead, he finds himself free-falling through a world of hallucinatory absurdity, low comedy, and epic degradation. A Hollywood bottom-feeder who moonlights as a limo driver to pay the bills, both tormented and vicariously aroused by his contact with the industry's elite, Mr. Wiggins bears poignant, paranoid witness to the horror and hysteria that are by-products of "the Business." His phantasmagoric saga, by turns picaresque, pornographic, and poetic, Force Majeure is the first of a projected quartet called "Scriptures" that will chronicle the misadventures and transcendental fall and rise -- comic, tragic, and tragicosmic -- of Bud Wiggins, Quixote of Babylon.
| Author | : Helen Mayer Harrison |
| Publisher | : Prestel Publishing |
| Total Pages | : 0 |
| Release | : 2016 |
| Genre | : Earthworks (Art) |
| ISBN | : 9783791355498 |
This book offers a 21st-century manifesto from the pioneers of the eco-art movement. Since the 1970s Helen and Newton Harrison have been creating art inspired by the earth. They established a worldwide network among biologists, ecologists, architects, urban planners, politicians, and other artists to initiate collaborative dialogues about ideas and solutions which support biodiversity and community development. This definitive survey traces an influential joint career that has lasted nearly half a century. Organized chronologically, it features works from each decade, from their earliest installations to their continent-traversing work of the 1990s; and their most recent works both educating people about global warming and designing large scale responses to the phenomena itself.
| Author | : Christoph Brunner |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 626 |
| Release | : 2009-01-01 |
| Genre | : Law |
| ISBN | : 9041127925 |
Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.
| Author | : Fabio Bortolotti |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 308 |
| Release | : 2019-07-15 |
| Genre | : Law |
| ISBN | : 9403514736 |
Force Majeure and Hardship are commonly invoked in international trade when unforeseen events occur making performance impossible or impracticable. Most national legislators provide rules to deal with these issues, but the specifi c solutions adopted in domestic laws vary substantially from one country to another. In recent years the growing complexity of trade in a globalized world has greatly increased the number of situations where a party can invoke force majeure or hardship. Parties need to be able to analyse the nature and characteristics of force majeure and hardship and look for contractual clauses which can regulate these issues in conformity with their needs. Written by international practitioners, this dossier explores the evolution of the rules on hardship, the ICC Clause on Hardship and the perspectives of contract adaptation by arbitrators. The section on Force Majeure includes an overview of recent arbitral case law (impediment beyond sphere of control and risk of the obligor; foreseeability; causation; notice requirement), analysis of the ICC 2003 Force Majeure Clause and an update on its revision. Two other important themes are included: the relationship between force majeure and applicable law, general principles of law and trade usages as well as the impact of economic sanctions.
| Author | : G. H. Treitel |
| Publisher | : |
| Total Pages | : 599 |
| Release | : 1994-01-01 |
| Genre | : Contracts |
| ISBN | : 9780421403505 |
This is 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 a list of supervening events which may be encountered in any commercial transaction, setting out the statutory principles involved, together with judicial interpretations from a number of Common Law jurisdictions.
| Author | : Ewan McKendrick |
| Publisher | : CRC Press |
| Total Pages | : 404 |
| Release | : 2013-12-13 |
| Genre | : Law |
| ISBN | : 1317908813 |
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.
| 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.
| 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
| Author | : Bryan Talbot |
| Publisher | : Random House |
| Total Pages | : 106 |
| Release | : 2012-12-24 |
| Genre | : Comics & Graphic Novels |
| ISBN | : 1448181267 |
In Grandville, the first volume in the series, Talbot brings us a steampunk masterpiece. IIt tells the story of detective Inspector LeBrock of Scotland Yard as he stalks a gang of murderers through the heart of Belle Epoque Paris. In this alternative reality France is the major world power and its capital throngs with steam-driven hansom cabs, automatons and flying machines. The characters are mostly animals, though there is an underclass of humans, often referred to as 'dough faces'. Visually stunning, Grandville is a fantastical and audacious rollercoaster ride that will add to Talbot's reputation as one of the best graphic novelists in the world.
| Author | : G. H. Treitel |
| Publisher | : |
| Total Pages | : 673 |
| Release | : 2004 |
| Genre | : Discharge of contracts |
| ISBN | : 9780421778207 |
This is an invaluable guide to those who need both to write and to apply force majeure clauses.
