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The hardship clause is sometimes used in relation to force majeure, particularly because they share similar features and they both cater to situations of changed circumstances. The difference between the two concepts is that hardship is the performance of the disadvantaged party becoming much more burdensome but still possible.
An undue hardship is an American legal term referring to special or specified circumstances that partially or fully exempt a person or organization from performance of a legal obligation so as to avoid an unreasonable or disproportionate burden or obstacle. [1] [2] [3]
Undue hardship, in employment law and other areas Topics referred to by the same term This disambiguation page lists articles associated with the title Hardship .
In both United States law and English law, the hell or high water clause has historically been upheld in numerous cases. In the United States, this clause is given special protection under Article 2A of the Uniform Commercial Code when the agreement is classified as a finance lease. The article states that this special protection applies to a ...
Clausula rebus sic stantibus comes from Latin (where rebus sic stantibus is Latin for "with things thus standing" or, more idiomatically, "as things stand").. A key figure in the formulation of clausula rebus sic stantibus was the Italian jurist Scipione Gentili (1563–1616), who is generally credited for coining the maxim omnis conventio intelligitur rebus sic stantibus ('every convention is ...
Hardship; Set-off; Illusory promise 1; Statute of frauds 1; Non est factum 1; Unclean hands 1; Accord and satisfaction 1; Exculpatory clause; Interpretation; Parol evidence 3; Contract of adhesion; Integration clause; Contra proferentem; UNIDROIT Principles; Dispute resolution; Choice of law clause; Forum selection clause. Hague Choice of Court ...
In modern English law, sellers often avoid using the term "represents" in order to avoid claims under the Misrepresentation Act 1967, while in America the use of "warrants and represents" is relatively common. [79] English courts may weigh parties' emphasis in determining whether a non-contractual statement is enforceable as part of the contract.
Pinnel's Case [1602] 5 Co. Rep. 117a, [1] also known as Pinnel v Cole, is an important case in English contract law, on the doctrine of part performance. In it, Sir Edward Coke opined that a part payment of a debt could not extinguish the obligation to pay the whole.