Comparison of Force Majeure and Frustration

    View Author April 2020

    Contracts may have a well-defined force majeure provision or they may simply refer to force majeure without definition or they may make no provision for delayed or prevented performance. Frustration may be available if the performance has radically changed and if a force majeure provision does not impliedly exclude the doctrine (see our previous insight “Force Majeure – With or Without Frustration”).