Pertinent for the post-pandemic landscape

Force Majeure and Frustration in Commercial Contracts

 

Ben Symons

 

£195, Bloomsbury

 

★★★★✩ 

This book is a comprehensive resource that brings much-needed clarity to the court’s interpretation of force majeure clauses within commercial agreements. Its insightful analysis sheds light on the construction of these clauses, offering legal practitioners a deeper understanding of their practical implications in contractual disputes.

Landmark cases such as Great Elephant Corp v Trafigura Beheer BV and Wood v Capita are explored, offering valuable insights into the factors and principles influencing court decisions. By studying these cases, Ben Symons establishes precedents that guide legal practitioners in navigating the intricacies of force majeure clauses.

A standout chapter focuses on causation. Symons provides an engaging analysis of the causal link between unforeseen events and contractual performance, equipping practitioners with a clear framework for assessing and establishing causation.

This practical guidance enhances their ability to present and analyse cases effectively.

The book’s practical relevance lies in its emphasis on court interpretations. Symons distils key elements that shape the construction of force majeure clauses, drawing from real-world examples and case studies.

Legal professionals gain a deeper understanding of how the judiciary scrutinises and applies these clauses.

While the book prioritises practical insights over academic discussions, its comprehensive approach ensures its value in navigating force majeure clauses. It also offers practical guidance for constructing these clauses.

One significant aspect that sets this book apart is its relevance in the ever-changing post-Covid-19 landscape. With the pandemic leading to a surge in the application of force majeure clauses by businesses, Symons’ work becomes even more pertinent. As the legal landscape continues to evolve, it’s safe to say that professionals will await a new edition of this essential resource eagerly in years to come.

 

Sheyla Rzaeva is a solicitor at Hogan Lovells International

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