Current Contractual Issues: Force Majeure and Frustration (Paper)

Presenters:

Paul David QC, Eldon Chambers
Marcus Roberts, Senior Lecturer, Faculty of Law, University of Auckland

Synopsis:

The first in a series on current contractual issues, these materials explore the topics of force majeure and frustration – looking at the core principles together with the impact for contracts that events such as the Covid-19 pandemic have had and will have.

These materials discuss the recent case law in New Zealand and England in both areas. The courts’ application of the ‘multi-factorial’ test for frustration will be considered. Will force majeure and frustration affect performance of large numbers of contracts?

These materials cover:

• The core principles of force majeure clauses and the doctrine of frustration.
• Recent case law developments in New Zealand and England in respect of force majeure and frustration.
• Some of the academic discussion on the ‘multi-factorial’ test for frustration.
• The practical impact events such as Covid-19 have had – and will have – for contracts.

Intended Audience:

All lawyers, particularly civil and commercial litigators, and general practitioners.