The practice of applying force majeure and changed circumstances from some judgments

Abstract

Force majeure and changed circumstances are legal regimes to protect against existing contractual or contractual liabilities affected by supervening evensts. These theories, though different, share the same prerequisites, including unpredictability and objectivity of events. Based on relevant cases, the article demonstrates that there is a misunderstanding and inadequate testing of unpredictability, therefore, recommends concrete steps to justify whether an even can be foreseen and effective ways to apply the law on force majeure and changed circumstances.