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When force majeure has not been provided for in the contract (or the relevant event does not fall within the scope of the force majeure clause), and a supervening event prevents performance, it will be a breach of contract. The law of frustration will be the sole remaining course available to the party in default to end the contract.
The hardship clause is sometimes used in relation to force majeure, particularly because they share similar features and they both cater to situations of changed circumstances. The difference between the two concepts is that hardship is the performance of the disadvantaged party becoming much more burdensome but still possible.
A force majeure clause is designed to protect against failures to perform contractual obligations caused by unavoidable events beyond a party’s control, such as natural disasters. Force majeure clauses are primarily used to identify circumstances in which performance of contract may be forgiven. [6] An example:
Often spoken of interchangeably as "act of God" provisions, force majeure clauses can free both parties in a contract from obligation or liability in circumstances beyond either party's control.
A force majeure clause is a contract clause that allows parties to be free of liability and obligation in the event that an extraordinary capacity event beyond the parties control occurs. There has been much debate regarding whether or not COVID-19 is considered an extraordinary capacity event that would be covered by the force majeure clause ...
The contract included an arbitration clause, which provided that differences arising in the course of performance would be arbitrated under International Chamber of Commerce (ICC) rules, and a force majeure clause, which excused delay in performance due to causes beyond Overseas' reasonable capacity to control. [1]
Force majeure. Frustration of purpose; Impossibility; Impracticability; Hardship; Set-off; Illusory promise 1; Statute of frauds 1; Non est factum 1; Unclean hands 1; Accord and satisfaction 1; Exculpatory clause; Interpretation; Parol evidence 3; Contract of adhesion; Integration clause; Contra proferentem; UNIDROIT Principles; Dispute ...
Force majeure. Frustration of purpose; Impossibility; Impracticability; Hardship; Set-off; Illusory promise 1; Statute of frauds 1; Non est factum 1; Unclean hands 1; Accord and satisfaction 1; Exculpatory clause; Interpretation; Parol evidence 3; Contract of adhesion; Integration clause; Contra proferentem; UNIDROIT Principles; Dispute ...