Wrongful Termination in Good Faith - Reconciling the Authorities in the Context of Force Majeure
While a failure to do so may mean that it is, in principle, open to the other party to terminate the contract and claim damages, this may not be so in all circumstances. Difficulties can arise where there is a genuine dispute as to the construction of the contract or, say, where the terminating party has acted in good faith but on a mistaken understanding of the contract.
In this paper, we explore the sometimes conflicting case law on this critical issue, examining current judicial thinking by reference to a party's wrongful termination in reliance upon a force majeure clause.
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