The case concerned the proper construction and application of a clause often seen in the guise of a force majeure clause, providing for the contract not to be enforceable in the event of “unforeseen circumstances”. The judgment considered, amongst other things, the time at which the assessment of foreseeability was to be made, and the proper construction of “unforeseen circumstances”. The Judgment also considers the principles applicable in relation to implied terms, misrepresentation by non-disclosure, and rectification.
Alexander acted for the successful Claimant.
