Lindsay Ellis Archive

Force majeure – Just another “boilerplate” clause?

A force majeure clause is designed to excuse one party (or both) from performing affected obligations in a contract following the occurrence of certain events or circumstances. However, whilst it may come as a surprise to some business people, the term “force majeure” has no meaning under English law. Rather, “protection” is only afforded if the applicable circumstances are specified in a written contract; it will not be implied .

Confidentiality and copyright infringement

The case of Force India Formula One Team Ltd v 1 Malaysia Racing Team concerned the misuse of confidential information and copyright. In April 2008 Force India engaged Aerolab to design a half-size wind tunnel model for a Formula 1 racing car. The parties entered into a development agreement which contained a confidentiality clause and provided that all intellectual property created by Aerolab under the agreement would belong to Force India.
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