‘Many force majeure clauses include the proviso that they cannot be used to affect a contract if the relevant obstacle to performance could reasonably be overcome by the parties. In RTI Ltd. v MUR Shipping BV [2024] UKSC 18, [2024] 2 W.L.R. 1350, the question was whether such a proviso can require a party to accept an offer of alternative, but equivalent, non-contractual benefits, instead of using the force majeure clause.’
Cambridge Law Journal, 7th January 2025
Source: www.cambridge.org
