Force Majeure in the Supreme Court: MUR Shipping BV v RTI Ltd [2024] UKSC 18
Force majeure (FM) clauses are designed to free both parties to a contract from liability when an event beyond their control prevents one or both of them from performing the contract.Examples of such events include inclement weather, natural catastrophes, political upheaval, changes in applicable rules or regulations, or unavailability of essential supplies or services.It is common to include FM clauses in contracts such as manufacturing, construction or transportation contracts, where there is a high risk of such events occurring due to the length of time required to perform the contract, or the complexity of the performance obligations.Often a lot of money is at stake and preallocating the risk of such events is crucial to avoid disputes further down the line.While disputes regarding the meaning and effect of FM clauses may not be rare, such disputes rarely reach the Supreme Court (SC).MUR Shipping 1 was one such rare case. 2
Institutions
- Queen Mary University of London (GB)
Publication Details
- Journal
- Queen Mary Research Online (Queen Mary University of London)
- Published
- 2024-08-30
- Primary Topic
- Legal case studies and regulations
- Type
- article
- Field-Weighted Citation Impact
- 0.00