Force Majeure Masterclass

Course Description

“Force Majeure.” Many people have heard of it as a legal concept but how many people understand it? Without an in depth knowledge of the nature and extent of the doctrine, many disputes with contractors and your contract partners are compromised at a discount and to the detriment of your company. Sometimes a little knowledge about force majeure or “acts of God” is a dangerous thing!

On this course your trainer will walk you through the whole concept of the doctrine and explain where it originated, how the modern law developed, how the clauses are put together, the actual remedies that the aggrieved party is entitled to and how the clauses operate in practice.

Who will benefit

• Anybody seeking a clearer understanding of how a force majeure clause should be drafted and how it can be deployed to your maximum advantage.
• Anybody looking to understand the legal theory and methodology that underlie this important concept.

Why you should attend

Contracts are the underpinning of all business relationships and are at the centre of your organization’s day to day operation. How do you protect yourself from the “known unknowns”!? How can you “look round the corner” and put measures in place to cover the situation which is perhaps not a probability but a possibility?

• Basic awareness of contract terminology is now regarded as a core competency
• Contracts become easier when the jargon is understood
• You will feel confident when discussing legal contractual problems with colleagues
• You will feel confident in putting your ideas across in a language that your legal department will understand and you will have the knowledge base to suggest possible solutions

Key topics

• Legal System introduction
• What is special about contracts
• Particular clauses
• Remedies generally
• The origin of force majeure – frustration
• Getting to grips with the Force Majeure “Toolkit”
• Civil and Common Law approaches
• Material Breach
• Termination for convenience and Termination for Default
• The Role of Suspension
• Notice clauses – getting it right
• “Material change in circumstances”
• Impossibility
• Supervening events
• The concept of Fault
• Trying to envisage the event:BP Exploration Co. (Libya) Ltd. v. Hunt (No.2) [1983]
• Alternative names
• Drafting the clause
• The danger of the list: Expressio unius est exclusio alterius
• What is force majeure and what is “beyond your control”
• “Best endeavours” and “reasonable endeavours”
• Learning about contract interpretation
• Workshop on a real example

RATIONALE FOR A FORCE MAJEURE CLAUSE

Course details

• Blended learning using internet searches, videos, workshops, group sessions, and “edutainment”!
• Accelerated learning techniques to improve understanding and long-term retention
• The Force Majeure clause considered from a non-legal perspective, not a lawyer’s.
• In depth analysis of the doctrine.

Course Duration: 2 Days