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dc.contributor.advisorYu, Hong-Lin-
dc.contributor.authorNwafor, Ndubuisi Augustine-
dc.description.abstractThis thesis attempts to critically and comparatively analyse the doctrine of exemption/frustration /force majeure under the United Nations Convention on the Contract for International Sale of Goods (CISG) the UNIDRIOT Principles of International Commercial Contracts (UNIDROIT) and the English Law. The doctrine of exemption/frustration/force majeure is very important in the area of contract and commercial law, it is a doctrine deeply rooted in fairness and allows a party to be excused from performing an obligation in a contract if at the conclusion of the contract an inhibition beyond the foreseeable control of the party happens to render the performance of the contract impossible. However, it is not easy to effectively streamline this doctrine and properly determine its applications. It has been observed in this thesis that, the doctrines of exemption/frustration /force majeure are not exactly the same; this thesis explores in details severally and jointly the various differences and similarities in the interpretations and applications of these impossibility doctrines. For instance, the open and flexible use of words in the definition of this doctrine under the CISG and the UNIDROIT Principles left much to be desired. Thus, it is one of the succinct arguments of this thesis that couching international law in loose words will work against the uniformity of application of this law, due to the different interpretations national law courts will be subjecting it to. This among other issues retarded the growth and development of the doctrine of exemption and force majeure. Furthermore, English law stance on the doctrine of frustration which can be gleaned from both the Sale of Goods Act of 1979 and the Common law are far from being adequate and need to be updated. This thesis therefore incisively laid bare the applications, interpretations and way forward for the doctrine of exemption/frustration/force majeure under the legal instruments of focus of this work. The thesis also comparatively compares the relationship between the doctrine of frustration/force majeure/exemption and other related doctrines like mistake, termination, avoidance, risk, and hardship. The thesis is concluded with a Draft Model Frustration Clause (DMFC) which is an attempt to rise above the status quo doctrine of frustration in the extant laws and develop a frustration clause that will be able to provide answers to the many flaws that trail these laws.  en_GB
dc.publisherUniversity of Stirlingen_GB
dc.subjectunidroit principlesen_GB
dc.subjectcontract of saleen_GB
dc.subjectsale of goodsen_GB
dc.subjectforce majeureen_GB
dc.subjectarticle 79en_GB
dc.subjectarticle 7.1.7en_GB
dc.subjectsale of goods Act of 1979en_GB
dc.subjectEnglish common lawen_GB
dc.subject.lcshreat Britain. Sale of Goods Act 1979 Criticism and interpretation.en_GB
dc.subject.lcshCommercial lawen_GB
dc.subject.lcshComparative lawen_GB
dc.subject.lcshVis major (Civil law)en_GB
dc.subject.lcshImpossibility of performanceen_GB
dc.titleComparative and Critical Analysis of the Doctrine of Exemption/Frustration/Force Majeure under the United Nations Convention on the Contract for International Sale of Goods, English Law and UNIDROIT Principlesen_GB
dc.typeThesis or Dissertationen_GB
dc.type.qualificationnameDoctor of Philosophyen_GB
Appears in Collections:Law and Philosophy eTheses

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