Impossibility of Performance in UK Law

  • No-Deal Brexit: Impact On Long-Term Commercial Contracts
    • Mondaq UK
    ...... clause say (if there is one?) - can a supplier be excused from performance if goods are held at the border? Should I include a clause to facilitate ... unforeseen events) or "frustration" (termination because of impossibility of performance) is overstated by some commentators. However going forward, ......
  • COVID-19: Key İssues For Commercial Tenants
    • Mondaq UK
    ...... A force majeure clause dictates what is to happen if performance of a contract becomes impossible because of a supervening event beyond the ...In the context of the current outbreak, impossibility of this sort is most likely to arise in contracts of sale or carriage, ......
  • Coronavirus and Force Majeure in English Law
    • JD Supra United Kingdom
    - 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...
    ...... majeure clauses in contracts may allow parties to avoid their performance obligations in certain extreme circumstances, as defined by the contract. ...Impossibility of performance is a high bar to establish, and the English courts have ......
  • Making A UK Money Judgment Enforceable In Italy
    • Mondaq UK
    ......A unilateral denunciation is not among them. Absent an. impossibility of performance, a fundamental change of circumstances. or a breach by one ......
  • A Contractor's Guide To Managing The Commercial Impact Of The COVID-19 Virus On Construction Project
    • Mondaq UK
    ...... on the contractor's ability to excuse liability for non-performance, to obtain additional time and recover cost. Of course issues relating to ... 2. Impossibility. The second possible general route to relief is impossibility. Some ......
  • Force Majeure Article for Retail
    • JD Supra United Kingdom
    How does the global coronavirus pandemic affect retail companies and what legal remedies do retailers have? Many retail clients are asking for advice on the impact of the coronavirus crisis on t...
    ...... contain force majeure clauses that enable parties to suspend performance or terminate. A typical force majeure clause would recognise an epidemic ... narrower common law or civil law doctrines of frustration, impossibility or impracticability. These may help if it can be argued that it is ......
  • Court Of Appeal Restates That Frustration Will Be A Rare Event
    • Mondaq United Kingdom
    ......frustrated (i.e. discharged by reason of impossibility) because of. their inability to find cement suppliers in Indonesia or ...supplier chooses not to make the goods available, performance of. the contract, though practically difficult, will usually remain. ......
  • Shipping Newsletter - July 2014
    • Mondaq United Kingdom
    ...... breach of contract can arise purely on the basis of future performance being made contingent on a third party's conduct. Facts. By way of a ...Secondly, self-induced impossibility, which includes conduct by the contracting party which puts it outside of ......
  • Infrastucture Africa And COVID-19: Managing The Risks Of Coronavirus Impacts
    • Mondaq UK
    ...... result of a change in law which affects the contractor in the performance of its obligations under the contract. It is vitally important that both ... Impossibility. Some standard form construction contracts contain provisions which may ......
  • Does A Force Majeure Clause Help Deal With Contractual Performance Issues Now Arising?
    • Mondaq UK
    ...... 1. Can I avoid performing a contract because of the pandemic?. First you need to check whether your contract has a clause for "impossibility/force majeure/events outside your control". This clause is used to relieve parties of their liability for non-performance where non-performance is ......
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