Law 5110 Study Guide - Quiz Guide: Force Majeure, Helen Baxendale, Liquidated Damages
Document Summary
The question what a valid obstacle to on-performance is varies. In french law, the event must be unforeseeable at the time of conclusion and an irresistible obstacle for performance. There is an additional distinction between obligation de moyens and obligation de r sultats. The first obligation is directed towards carrying out an obligation at best efforts whereas the second is directed towards the result. Some agreements need to have certain results; others only need the best of efforts. To which category a contract belongs is decided by the court. In german and dutch law liability is also excluded if the non-performance is not attributable to the debtor. However, attributability can also be based on the persons employed by the party and a lack of qualities is not an excuse. In english law, every contract is regarded as having a guarantee. The debtor cannot escape liability if he doesn"t perform.
