Force Majure

Question 1

Is force majeure a general doctrine in English law?

Answer 1

No. In English law, force majeure exists only if the contract contains an express force majeure clause. Without such a clause, a party cannot rely on force majeure and must consider frustration instead.

Question 2

What is the legal function of a force majeure clause?

Answer 2

A force majeure clause is a contractual risk-allocation tool that allows parties to decide in advance which exceptional events excuse or suspend performance and what the consequences will be.

Question 3

How do English courts interpret force majeure clauses?

Answer 3

Strictly. Courts will not extend force majeure clauses beyond their wording. Performance is not excused merely because it has become more expensive, difficult, or unprofitable.

Question 4

Does a force majeure event suspend the entire contract automatically?

Answer 4

No. Force majeure operates obligation by obligation. Only the specific obligation affected by the event may be excused or delayed, and only to the extent allowed by the clause.

Question 5

What must a party prove to rely on a force majeure clause?

Answer 5

That the event falls within the clause wording, was beyond the party’s control, prevented or delayed performance, and that any notice and mitigation requirements were complied with.

Question 6

Can increased cost or inconvenience amount to force majeure?

Answer 6

No. English courts do not treat increased expense or commercial hardship as force majeure unless the clause expressly covers it.

Question 7

What are typical legal consequences of force majeure?

Answer 7

They depend entirely on the clause, but commonly include suspension of performance, extension of time, exclusion of liability for damages, or termination if the event continues.

Question 8

Can a buyer rely on force majeure to avoid paying money?

Answer 8

Usually no. Payment obligations are treated strictly. Lack of funds, market downturns, or cash-flow problems are not force majeure unless payment becomes illegal or the contract expressly provides otherwise.

Question 9

What is the difference between force majeure and frustration?

Answer 9

Force majeure applies only if the contract provides for it and usually suspends or adjusts obligations. Frustration applies automatically under the law, is very narrow, and discharges the contract entirely.

Question 10

How should force majeure be analysed in a case-style exam question?

Answer 10

Check for a force majeure clause, interpret its wording strictly, assess whether the event prevents the specific obligation, verify notice/mitigation compliance, and apply only the contractual consequences.

Question 11

Case scenario: Government lockdown closes factory. Force majeure clause lists ‘government action’. Can supplier rely on it?

Answer 11

Yes, if the clause expressly covers government action and the lockdown prevents performance of the specific obligation. The supplier must also comply with any notice and mitigation requirements.

Question 12

Case scenario: Supplier’s costs triple due to war abroad. No mention of war or hardship in force majeure clause. Relief available?

Answer 12

No. Increased cost or commercial hardship is not force majeure unless expressly covered by the clause. Performance is still required.

Question 13

Case scenario: Seller cannot deliver goods because export becomes illegal due to sanctions. No force majeure clause. Any relief?

Answer 13

Possibly yes, under frustration. If performance becomes illegal and no party is at fault, the contract may be frustrated and discharged.

Question 14

What is frustration in English law?

Answer 14

Frustration is a narrow common-law doctrine that automatically discharges a contract when an unforeseen event makes performance impossible, illegal, or radically different from what was agreed.

Question 15

When does frustration NOT apply?

Answer 15

Frustration does not apply if performance is merely more expensive, inconvenient, or less profitable, or if the event was foreseeable or provided for in the contract.

Question 16

Key difference in legal effect: force majeure vs frustration?

Answer 16

Force majeure applies only if the contract provides for it and usually suspends or adjusts obligations. Frustration applies automatically and ends the contract entirely.