Force Majeure and Hardship in International Sales Contracts

Ingeborg Schwenzer

329 citations0/0 files storedVictoria University of Wellington Law Review

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European and International Contract Law Legal principles and applications Law, logistics, and international trade

Abstract

This article takes an analytical look of the concepts of force majeure and hardship when attempting to extract oneself from an agreement. The article starts off with a brief summary of their historical background and their presence in various domestic legal systems, such as France, Germany and the Netherlands. It goes on to examine the Convention on the International Sale of Goods (CISG) which does not have force majeure and hardship provisions but does have a provision that has the same effect. The article goes on to describe the requirements for avoiding liability in international sales contracts and concludes with the consequences of force majeure and hardship.

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2012Global Sales and Contract Law 2014The CISG: Divergences between Success–Scarcity and Theory–Practice 2014Excuse of Impediment and Its Usefulness 2016Schlechtriem & Schwenzer: Commentary on the UN Convention on the International Sale of Goods 2012FUNDAMENTAL ALTERATION OF THE CONTRACTUAL EQUILIBRIUM UNDER HARDSHIP EXEMPTION

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