Force Majeure in UK Law

Leading Cases
  • Mamidoil-Jetoil Greek Petroleum Company SA v Okta Crude Oil Refinery AD (No 3) sub nom Mamidoil-Jetoil Greek Petroleum Company SA v Okta Crude Oil Refinery AD (No 2)
    • Queen's Bench Division (Commercial Court)
    • 04 Nov 2002

    Lastly, if the notice provision is only an innominate term, then I find it difficult to see when the innocent party could allege it had suffered additional damage as a result of not being told promptly of the force majeure event other than the very damages that it would wish to recover for the first party's failure to perform the contract at all. These factors would all lead me to conclude that the parties intended the notice provision to be a condition precedent.

  • Coastal (Bermuda) Petroleum Ltd (Plaintiff v Vtt Vulcan Petroleum S.a. (Defendant "marine Star"
    • Court of Appeal (Civil Division)
    • 03 Abr 1996

    Firstly, it seems to me that the word "seller" or "sellers" means and can only mean the selling party in the relevant contract containing the force majeure clause, and does not refer to sellers further up the chain. Mr Havelock-Allan accepted that this must be so in that part of the clause dealing with "breakdown or injury to ships, pipelines, machinery or other facilities of the seller or those from whom the seller obtained products purchased hereunder.

  • Bremer Handelsgesellschaft mbH v Vanden Avenne-Izegem PVBA
    • House of Lords
    • 18 May 1978

    In my opinion the clause may very appropriately and should be regarded as such an intermediate term: to do so would recognise that while in many, possibly most, instances, breach of it can adequately be sanctioned by damages, cases may exist in which, in fairness to the buyer, it would be proper to treat the cancellation as not having effect. On the other hand, always so to treat it may often be unfair to the seller, and unnecessarily rigid.

  • SHV Gas Supply and Trading SAS v Naftomar Shipping & Trading Company Ltd Inc. [QBD (Comm)]
    • Queen's Bench Division (Commercial Court)
    • 15 Nov 2005

    I see the force of the observations made by Aikens J, particularly in relation to the long term contract that he had to consider, whilst recognising that the considerations that caused him to reach the view that he did (the imperative nature of the clause, the need for the "other party" to be able to challenge the existence of force majeure or mitigate its effect, and the difficulty of proving loss as a result of non-notification) could be said to apply in very many cases and leave little scope for the considerations set out in Bremer Vulcan.

  • A v A (Children: Habitual Residence)
    • Supreme Court
    • 09 Set 2013

    The contrary approach, which to my mind is correct, involves no rule or generality at all, save for the advice to look, in the case of an infant, at the position of the family unit of which he is part. This does not involve a rule for dependent habitual residence. It merely asserts the possibility that habitual residence may exist in a State which is the home of the family unit of which the infant is part, and is where he would be but for force majeure.

  • Tradax Export S.A. v Andre & Cie. S.A.
    • Court of Appeal (Civil Division)
    • 25 Nov 1975

    In other cases a prohibition of export may "prevent fulfilment", in which case Clause 21 operates automatically to cancel the contract without more ado. At that time there was a prohibition of export save for goods on lighter, etc. It was, therefore, within Clause 21, provided that the sellers proved the prohibition did prevent their fulfilling the contract.

  • R v Lambert
    • House of Lords
    • 05 Jul 2001

    But the decision may have to turn upon the particular circumstances. The focus of attention paid by the European Court of Human Rights tends to be directed at the particular circumstances of the case before them. But it would be of little assistance for the future to decide the present case simply on its own particular facts.

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Legislation
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Books & Journal Articles
  • GOVERNMENT INTERVENTION AND STATE TRADING
    • Núm. 44-3, Mayo 1981
    • The Modern Law Review
    ...... intervention to avoid a contract pursuant to a force majeure clause and to the effect of force majeure on the ......
  • Comment: Risk Allocation Norms of Civil Construction Contracts in Ethiopia
    • Núm. 11-2, Julio 2017
    • Mizan Law Review
    • Yohannes Eneyew Ayalew
    • Yohannes Eneyew Ayalew, NFP Fellow in International Human Rights Law at Faculty of Law ( University of Groningen, The Netherlands); LL.M (Addis Ababa University) and LL.B (Wollo University). Formerly served as Lecturer and Head of School of Law at Samara University. E-mail: <eneyewyohannes@gmail.com>.
    • 440-456
    Risk is any uncertainty in an industry including the construction sector. Claims and disputes arise when risks occur in construction projects. This comment discusses risk allocation under Ethiopian...
    ...... amendment in legislations after the project contract enters i nto force, will be the responsibility of the employer. 29 Under the Civil Code of ... and responsibility), Clause 18 (insurance) and Clause 19 ( force majeure ). Traditionally, the allocation of risks in construction contracts is ......
  • RETURN OF NAZI-LOOTED ART: PROOF REQUIRED BEFORE THE FRENCH COURTS.
    • Vol. 25 Núm. 3, Octubre 2020
    • Art Antiquity & Law
    • Redmond-Cooper, Ruth
    ......, among which were numerous works of art seized by the occupying forces in the various places in which they had been stored. . Rene Gimpel's ... convient, compte tenu de ces circonstances caracterisant la force majeure, de se fonder, pour rapporter la preuve de la propriete des tableaux ......
  • Weather permitting ...
    • Núm. 2011, Enero 2011
    • Financial Management (UK)
    • Bartram, Peter
    • Risk management
    ......"Businesses often write off weather impacts as acts of God - force majeure - and let it hit the bottom line, share price and reserves of ......
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