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Schmidt-Kessel, Martin; Mayer, Katrin --- "Supervening Events and Force Majeure" [2006] ELECD 213; in Smits, M. Jan (ed), "Elgar Encyclopedia of Comparative Law" (Edward Elgar Publishing, 2006)

Book Title: Elgar Encyclopedia of Comparative Law

Editor(s): Smits, M. Jan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845420130

Section: Chapter 62

Section Title: Supervening Events and Force Majeure

Author(s): Schmidt-Kessel, Martin; Mayer, Katrin

Number of pages: 10

Extract:

62 Supervening events and force majeure*
Martin Schmidt-Kessel and Katrin Mayer


1 Introduction
The concepts of supervening events and force majeure are well known to
many legal systems. Although their primary function is contractual, they
also exist in tort law and play an important role in public international law.
As a general defence, the concept of force majeure is also contained in the
Principles of International Commercial Contracts (Art. 7.1.7 P.I.C.C.) and
in the emerging Principles of European Contract Law (Art. 8:108 P.E.C.L.;
see both the text and comparative notes). Finally, the notion of force majeure
is well known to European Community Law as well (Parker, 1995). However,
there do exist significant differences as regards the place of supervening
events or force majeure within individual legal orders: in the UK, for
example, force majeure is not contained in any Act, but rather dealt with in
the sphere of contractual liability, especially under so-called force majeure
clauses.

2 Functions of the concepts
The concepts of supervening events and force majeure may be employed in
various ways, as a defence against claims for damages, as a basis for the
avoidance of a contract, as a bar to specific performance and, in certain
limited circumstances, as a basis to find a duty to renegotiate.

2.1 Force majeure as a defence against claims for damages
The notion of force majeure may constitute a defence against claims for
damages under contract law. In ...