Frustration And Force Majeure (South Asian Edition)

The new 3rd 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.

It guides practitioners through a list of supervening events that may be encountered in any commercial transaction, setting out the statutory principles involved, and discussing their interpretation by the courts in a number of common law jurisdictions.

• Discusses in detail the development of the doctrine of frustration within the law of contract
• Examines impossibility, impracticability, prospective frustration and illegality as grounds for discharge from contractual obligations
• Considers the special factors affecting land and leases
• Considers the effects of frustration, including automatic and total discharge, mitigation in respect of discharge, and problems created by one-sided or partial performance
• Discusses contractual provision for supervening events, including force majeure clauses
• Explores recent case law in detail, highlighting developments in judicial thinking

Table of Contents:

• Introduction
• Development
• Impossibility in general: destruction of subject matter
• Other types of impossibility
• Partial and temporary impossibility
• Impracticability
• Frustration of purpose
• Illegality
• Prospective frustration
• Alternatives
• Frustration of leases
• Contractual provisions for supervening events
• Foreseen and foreseeable events
• Self-induced frustration
• Effects of frustration
• Nature of the doctrine