Force Majeure in UK Law
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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)
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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.
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Coastal (Bermuda) Petroleum Ltd (Plaintiff v Vtt Vulcan Petroleum S.a. (Defendant "marine Star"
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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.
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Bremer Handelsgesellschaft mbH v Vanden Avenne-Izegem PVBA
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Torquay Hotel Company Ltd v Cousins
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First, there must be interference in the execution of a contract. The interference is not confined to the procurement of a breach of contract. It extends to a case where a third person prevents or hinders one party from performing his contract, even though it be not a breach. Second, the interference must be deliberate. The person must know of the contract or, at any rate, turn a blind eye to it and intend to interfere with it, see Emerald Construction Co. v. Lothian, (1966, 1 W.L.R. 691).
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A v A (Children: Habitual Residence)
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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.
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Edwinton Commercial Corporation v Tsavliriss Russ (Worldwide Salvage Towage) Ltd; The Sea Angel
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What the “radically different” test, however, does not in itself tell us is that the doctrine is one of justice, as has been repeatedly affirmed on the highest authority. Ultimately the application of the test cannot safely be performed without the consequences of the decision, one way or the other, being measured against the demands of justice. Part of that calculation is the consideration that the frustration of a contract may well mean that the contractual allocation of risk is reversed.
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The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016
... ... Licensing of Railway Undertakings) Regulations 2016 and come into force on 29th July 2016 ... (2) With the exception of paragraph 5 of Schedule ... manager may apply a shorter notice period in case of force majeure or late alterations of the working timetable.(4) All delays must be ... ...
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The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2022
... ... Laid before Parliament 16th November 2022 ... Coming into force 1st January 2023 ... At the Court at Buckingham Palace, the 9th day of ... , carry out “virtual” site visits whether or not force majeure prevents a physical site visit (see amendments to paragraph 24 of Schedule ... ...
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The Electricity Supplier Obligations (Amendment and Excluded Electricity) (Amendment) Regulations 2017
... ... Made 30th October 2017 ... Coming into force 31th October 2017 ... The Secretary of State has before making these ... ““force majeure” means abnormal and unforeseeable circumstances, including natural ... ...
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The Agricultural (2017 North West Area Flooding) (Income Support) Scheme (Northern Ireland) 2021
... ... Department in 2017 and self-declared by the producer in 2017 on the Force Majeure application for the farm business, as may be adjusted by the ... ...
- Force Majeure in Post COVID-19: The Implication for Future Energy Law Contracts
- Power Projects and Covid-19: A Practical Analysis of the Relevance of Force Majeure Clauses under the Standardised Power Purchase and Implementation Agreements of Uganda
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Designing short-time work for mass use
In the course of the Covid-19 pandemic, short-time work as an instrument of income replacement once again proved to be an effective means of stabilising employment. However, the very concept, based...... ... An international comparison indicatesthat the legal instrument of force majeure could facilitate access with simplied criteriaand procedures. We ... ...
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Designing short-time work for mass use
In the course of the Covid-19 pandemic, short-time work as an instrument of income replacement once again proved to be an effective means of stabilising employment. However, the very concept, based...... ... An international comparison indicatesthat the legal instrument of force majeure could facilitate access with simplied criteriaand procedures. We ... ...
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Proving force majeure claims: a difficult enterprise
Two recent English High Court decisions highlight the difficulty in successfully establishing a claim to force majeure. Even if there is no dispute that a force majeure "event" occurred, has it cau...
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Force Majeure: substantial damages even if you cannot perform
In a recent decision, the Court of Appeal has awarded substantial damages to the innocent party after a force majeure event, in circumstances where the party seeking to rely on the force majeure ev...
- Force Majeure Clauses
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Coronavirus and Force Majeure in English Law
- Under English law, force majeure clauses in contracts may allow parties to avoid their performance obligations in certain extreme circumstances, as defined by the contract. - It is unlikely tha...