Protecting against the unforeseeable and unavoidable
In a most recent case, RTI Ltd -v- MUR Shipping BV [2024] UKSC 18, the Supreme Court held that whilst a party seeking to rely on a force majeure (FM) clause in a contract must comply with any reasonable endeavours proviso contained in the FM clause, such reasonable endeavours did not require that party to accept a non-contractual performance.
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