• English
    • Norsk
  • English 
    • English
    • Norsk
  • Administration
View Item 
  •   Home
  • Det juridiske fakultet
  • Nordisk institutt for sjørett
  • Nordisk institutt for sjørett
  • View Item
  •   Home
  • Det juridiske fakultet
  • Nordisk institutt for sjørett
  • Nordisk institutt for sjørett
  • View Item
JavaScript is disabled for your browser. Some features of this site may not work without it.

Effect of Supervening Events on the Performance of Contractual Obligations, Concept of Frustration and Force Majeure in Time Charterparties

Sesitashvili, Nino
Master thesis
View/Open
MARLTHESIS_NS_5042_DUO.pdf (511.6Kb)
Year
2013
Permanent link
http://urn.nb.no/URN:NBN:no-40646

Metadata
Show metadata
Appears in the following Collection
  • Nordisk institutt for sjørett [291]
Abstract
Subsequent to the formation of a charterparty, extraordinary events might occur. These events may radically and significantly alter the nature of the contractual rights and obligations of the parties. The aim of the study was to assess legal effects of such supervening events on the performance of contractual obligations. In particular, under English law, the contract may be automatically brought to an end by operation of the doctrine of frustration. Whereas, often, commercial parties reasonably contemplate change of circumstances at the time of the contracting and predetermine legal consequences for these events. This can be achieved through contractual risk allocation clauses, such as force majeure. Therefore, the study analyzed the effect of the contractual force majeure clauses and interrelation of these clauses with the frustration doctrine. The research concluded that by incorporating force majeure clauses, parties can: firstly, avoid the frustration of their contract if such clause fully covers the frustrating event; and secondly, parties can bring their contractual relations to an end in circumstances, which by itself may not be sufficient to bring the doctrine of frustration into operation.
 
Responsible for this website 
University of Oslo Library


Contact Us 
duo-hjelp@ub.uio.no


Privacy policy
 

 

For students / employeesSubmit master thesisAccess to restricted material

Browse

All of DUOCommunities & CollectionsBy Issue DateAuthorsTitlesThis CollectionBy Issue DateAuthorsTitles

For library staff

Login
RSS Feeds
 
Responsible for this website 
University of Oslo Library


Contact Us 
duo-hjelp@ub.uio.no


Privacy policy