Briefings

Advance payments, force majeure and buyer's rights: common sense prevails

In a recent judgment, the Court of Appeal held that the natural reading of a particular provision in a force majeure clause was that a buyer had a right of repayment of advance payments in circumstances where the goods had not been delivered and the seller had declared force majeure. Where there were two possible constructions of such a clause, the Court would choose the one which did not offend business common sense.

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