In a landmark decision, the Singapore Court of Appeal in Holcim (Singapore) Pte Ltd v Precise Development Pte Ltd [2011] SGCA 1 overturned the decision of the High Court and clarified the law with respect to the interpretation of force majeure clauses in contracts. The dispute arose out of the “sand ban” that had a major impact on the construction industry in Singapore. A classic force majeure clause would only be triggered on the occurrence of an event that rendered performance of a contractual obligation impossible. However, the Court of Appeal held that force majeure clauses could be worded so as to relieve a party of its contractual obligation where its performance was commercially impractical.

This talk will examine the ramifications of the Court of Appeal’s decision on the doctrine of force majeure and its interplay with its sister doctrine of frustration.

Programme:

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