United Kingdom construction interpretationfrustrationconditions warranties innominate

MUR Shipping BV v RTI Ltd

[2022] EWCA Civ 1406

JurisdictionUnited Kingdom

CourtEngland and Wales Court of Appeal (Civil Division)

Year2022

StatusOverruled

Summary

CA held reasonable endeavours in a force majeure clause required accepting non-contractual performance (non-sanctioned currency payment) to overcome force majeure; subsequently overruled by UKSC [2024] UKSC 18.

Key Principle

The Court of Appeal held that a reasonable endeavours obligation in a force majeure clause can require a party to accept non-contractual performance (payment in a non-sanctioned currency) to overcome the effects of the force majeure event.

Area of Law

commercial

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