they have been rather neglected by English textbook writers. This book, which has
its origins in a conference organised by Professor Norman Palmer in Colchester in
November 1988, is an attempt to remedy this deficiency. Our aim is not, however,
to write an exhaustive treatise on force majeure and frustration; rather, we have
attempted to evaluate critically the general principles relating to force majeure and
frustration and to examine some of the difficulties which arise when seeking to
apply these principles in particular contexts. In terms of critical evaluation no one
consistent line is adopted throughout the book; each author has been left free to
express his or her own views as to the current state of the law and the desirability or
otherwise of reform. We do not seek to provide a simple all-encompassing solution
to the problems identified in this book; rather, our aim has been to stimulate debate
on these important issues.
While the stated aims of this edition remain the same as those of the first edition,
I am pleased to be able to welcome four new authors to the team for this edition:
Barry Nicholas, Alan Berg, Simon Curtis and Sukhnam Digwa-Singh. The addition
of four new chapters (as well as revisions to existing chapters) has necessitated
some re-structuring of the book. It is now divided into six parts. The first part is
essentially introductory. We have chosen to focus on force majeure (in both a common
law and a civilian context) because force majeure tends to be rather less familiar
to the English legal mind than the doctrine of frustration. In this part we also
attempt to assess the relationship between frustration and force majeure in English
law. The second part has as its focus the drafting of force majeure clauses, both in
terms of general guidelines which ought to be borne in mind by the contract draftsman
and in terms of a more detailed, practical analysis of the real difficulties which
can arise when seeking to draft such clauses. The third part begins to put the
general principles of force majeure and frustration to work: here in the context of
shipping law. The fourth part continues to look at the practical applications of force
majeure and frustration, this time in the context of industrial action and building
contracts. The fifth part shifts attention towards the remedial aspects of frustration,
both in terms of a critical analysis of the Law Reform (Frustrated Contracts) Act
1943 and the intriguing suggestion by Andrew Rogers that some frustration cases
might usefully be re-analysed in terms of estoppel. The final part deals with international
and comparative aspects of frustration and force majeure. It ranges over a
wide area, including the Vienna Convention, the Uniform Commercial Code, EU
law and international sales contracts