Force Majeure – With or Without Frustration

    View Author April 2020

    One of five situations might exist under a contract with difficulties in performance:

    1. The contract may have a force majeure clause and a definition of that term
    2. The contract may simply refer to force majeure without defining the term
    3. The contract may have no reference to force majeure, nor provide for difficulties in performance
    4. The definition of force majeure may be so broad as to impliedly exclude the doctrine of frustration
    5. The definition of force majeure, or the absence of a definition, may allow the doctrine of frustration to apply