Frustration and force majeure

書誌事項

Frustration and force majeure

by Sir Guenter Treitel

(The contract law library)

Thomson/Sweet & Maxwell, 2004

2nd ed

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注記

Includes index

内容説明・目次

内容説明

The second 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. The author guides the reader through a list of supervening events which may be encountered in any commercial transaction, setting out the statutory principles involved, together with judicial interpretations from a number of common law jurisdictions. This new edition has been updated to include over 40 new cases. It also examines the impact of changes in the law of contract such as changes to the Sale of Goods Act 1979 made by the Sale of Goods Amendment Act 1995 and by recent SIs, most significantly the Unfair Terms in Consumer Contracts Regulations 1999 and the Sale and Supply of Goods to Consumers Regulations 2002.

目次

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.

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