(SSRN)A data-driven report that analyzes court decisions to identify the parameters of successful force majeure and frustration claims, offering insights into common triggering events and judicial attitudes.
For a comprehensive understanding of , several highly regarded academic and legal practitioner papers provide deep dives into how these concepts overlap and differ, particularly in the wake of the COVID-19 pandemic. Recommended Papers & Resources Force Majeure and Frustration of Contract
Force Majeure, Impracticability, and Frustration of Contracts (SSRN)A data-driven report that analyzes court decisions to
(LexisNexis)A practitioner-focused guide that explains why hardship and price fluctuations are generally not sufficient grounds for frustration and how courts distinguish "ordinary business risks" from truly frustrating events. Key Comparisons at a Glance Key Comparisons at a Glance (Oxford Academic)This 2022
(Oxford Academic)This 2022 paper provides a comparative analysis of how force majeure (a contractual concept) and frustration (a common law doctrine) operate within both civil and common law systems. It is particularly useful for understanding how a specific clause in a contract can "supersede" common law requirements.