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Selected Works of Leon E Trakman Dean
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Leon E Trakman Dean
The University of New South Wales
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Unpublished Papers «Previous Next»
Declaring Force Majeure: Veracity or Sham?
Leon E. Trakman, Un. of New South Wales
Abstract
The widespread practice by large scale producers, like Exxon Mobil and BP of declaring force majeure has created enormous legal and contractual problems. The practice is used, not only to respond to devastating disasters like Hurricane Katrina, but also to defects in pipelines amounting to little more than wear and tear The result is that customers are left waiting for goods or forced to pay higher prices until their suppliers decide to lift their declarations and resume performance. This article challenges such declarations, arguing that they often fail to comply with both the law set out in article 2-615 of the Uniform Commercial Code and the applicable contract of supply. Presenting alternatives to declarations of force majeure, the article argues that these alternatives are not only fairer, but also more commercially sustainable.