Commentary on Pitfalls of Force Majeure Clauses

• Main Author: HUNTER, Howard
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 1991
• Subjects: Commercial Law; Contracts
• Online Access: https://ink.library.smu.edu.sg/sol_research/2225; https://ink.library.smu.edu.sg/context/sol_research/article/4177/viewcontent/CommentaryPitfallsForceMajeureClauses_1991.pdf
• Institution: Singapore Management University

Professor Yates has covered in considerable detail the major problem areas in the use of force majeure clauses. His work is admirable in its technical details as well as in its use for the practitioner. I wish to add but a few brief comments about 2 chronic difficulties with the enforcement of force majeure clauses. To some extent these difficulties are common to all cases that involve excuse by way of frustration, impossibility, or commercial impracticability. The first has to do with foreseeability and the second has to do with post-excuse remedies. It has become a truism that a force majeure clause provides relief from difficulties caused by a fortuitous event. Some courts tend to limit the application of a force majeure clause to those events which are completely unexpected.