This chapter provides a comparative analysis of the doctrines of force majeure and change of circumstances in Chinese contract law and the doctrine of frustration in Australian contract law. Each of these legal principles addresses a fundamental question in commercial dealings: what happens when an unforeseen event makes it impossible or radically different to perform a contract? While all three concepts serve to excuse performance under specific conditions, they differ in various aspects.

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Force Majeure, Change of Circumstances, and Frustration

  • Peng Guo

摘要

This chapter provides a comparative analysis of the doctrines of force majeure and change of circumstances in Chinese contract law and the doctrine of frustration in Australian contract law. Each of these legal principles addresses a fundamental question in commercial dealings: what happens when an unforeseen event makes it impossible or radically different to perform a contract? While all three concepts serve to excuse performance under specific conditions, they differ in various aspects.