Force Majeure vs. Hardship: A Comparative Analysis of Their Application in Construction Contracts in the UAE and the UK
The nature of construction contracts in the UK and the UAE makes the legal principles of force majeure and hardship vital in risk management and achieving a contractual balance in unforeseen circumstances. This dissertation explores how force majeure and hardship affect the legitimacy of contracts u...
محفوظ في:
| المؤلف الرئيسي: | |
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| منشور في: |
2025
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| الموضوعات: | |
| الوصول للمادة أونلاين: | https://bspace.buid.ac.ae/handle/1234/3239 |
| الوسوم: |
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| الملخص: | The nature of construction contracts in the UK and the UAE makes the legal principles of force majeure and hardship vital in risk management and achieving a contractual balance in unforeseen circumstances. This dissertation explores how force majeure and hardship affect the legitimacy of contracts under both national and international law. The purpose of this work is to examine the effect of force majeure and hardship rules in the UAE and the UK, in order to better inform the design and meaning of clauses in construction contracts. The basic aim of the research is to analyse the impact of these terms on construction projects in the context of specific situations, such as natural disasters, pandemics, armed conflicts, regulatory changes, and economic disruptions, and to enhance the development of better force majeure and hardship clauses for lawyers, construction companies, and governmental agents for domestic and international contracts. The comparative legal methodology systematically compares various legal systems and how they deal with the same legal concepts, in this case, the force majeure and hardship within construction contracts. Findings suggest that the UAE uses codified laws to cover force majeure and hardship, depending on a judge’s choice, but the UK looks only to written terms in contracts and focuses narrowly on frustration, without recognising hardship at all. Such variations impact the probability of international contracts and the resolution of disputes. To protect the interest of the parties and make such complicated cross-border construction projects enforceable, clear, jurisdiction-specific drafting is required. |
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