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White Paper

6 Pages
  • 6 Pages

Force Majeure Clauses: Use of Terms and Conditions in Purchase Agreements

 

Parties should not assume that they always need a force majeure clause. Sometimes, these clauses don’t add anything to what the law already provides, and they can actually take away rights that parties get automatically. Without such a clause, contracting parties automatically get the benefit of two related gap-filler doctrines that can excuse a party's obligations when an unanticipated, supervening event fundamentally alters the nature of the parties' contract: impossibility, or as it is commonly called nowadays, impracticability, and frustration of purpose. This white paper reviews these two doctrines and discusses how to draft force majeure clauses.

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Force Majeure Clauses: Use of Terms and Conditions in Purchase Agreements

Agenda

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Force Majeure Clauses: Use of Terms and Conditions in Purchase Agreements

Faculty

Timothy Murray

Timothy Murray

Murray, Hogue & Lannis

  • Partner in the law firm Murray, Hogue & Lannis, Pittsburgh, PA
  • Practice emphasizes contract law
  • Conducts regular seminars on the law of contracts
  • Author volume 1 of Corbin on Contracts (revised edition, 2018), Co-author of Corbin on Contracts Desk Edition and the biannual supplements to Corbin on Contracts
  • Member of the Pennsylvania Bar
  • J.D. degree, University of Pittsburgh
  • Can be contacted at [email protected]
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Force Majeure Clauses: Use of Terms and Conditions in Purchase Agreements

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