Implied terms in an agreement – Force Majeure
In our earlier communication about force majeure, we advised you that we would inform you as to the position of our law if a contract does not contain a force majeure clause. You will recall that we advised that if a contract does have a force majeure clause then in all likelihood the courts would limit the ambit of what is a force majeure to those circumstances described in the agreement. The reason behind this is that the courts are likely to state that the parties had the opportunity to consider force majeure, and indeed did so, and described in the agreement what will be considered by them to be a force majeure and the consequences thereof.
