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Commodities in Focus Weekly - Supreme Court clarifies limits of force majeure: No obligation to accept non-contractual performance
In RTI Ltd v MUR Shipping BV,1 the Supreme Court has held unanimously that a force majeure clause requiring an affected party to use "reasonable endeavours" to overcome a force majeure event did not oblige that party to accept an offer of non-contractual performance.
This article focuses primarily on the Supreme Court's decision and its practical implications for parties agreeing or seeking to comply with force majeure clauses in commercial contracts. A detailed overview of the procedural history of the proceedings can be found here.
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1 [2024] UKSC 18