Duty of honest contractual performance (or doctrine of abuse of rights)6
Duty of good faith (also implied covenant of good faith and fair dealing or duty to negotiate in good faith)7
Contract A and Contract B6
Related areas of law
Conflict of laws
Commercial law
By jurisdiction
Australia
Canada
China (mainland)
Ireland
India
Saudi Arabia
United Kingdom
England and Wales
Scotland
United States
Other law areas
Tort law
Property law
Wills, trusts, and estates
Criminal law
Evidence
Notes
1 Specific to common law jurisdictions
2 Specific to civil and mixed law jurisdictions
3 Historically restricted in common law jurisdictions but generally accepted elsewhere; availability varies between contemporary common law jurisdictions
4 Specific to the German Bürgerliches Gesetzbuch and other civil codes based on the pandectist tradition
5 Explicitly rejected by the UNIDROIT Principles of International Commercial Contracts
6 Specific to Canadian contract law both in Québec and in the country's common law provinces
7 Specific to civil law jurisdictions, the American Uniform Commercial Code, and Canadian jurisprudence in both Québec and the common law provinces pertaining to contractual and pre-contractual negotiation
v
t
e
Hardship clause is a clause in a contract that is intended to cover cases in which unforeseen events occur that fundamentally alter the equilibrium of a contract resulting in an excessive burden being placed on one of the parties involved.[1][2]
Hardship clauses typically recognize that parties must perform their contractual obligations even if events have rendered performance more onerous than would reasonably have been anticipated at the time of the conclusion of the contract.
However, if continued performance has become excessively burdensome because of an event beyond a party's reasonable control that it could not reasonably have been expected to have taken into account, the clause can obligate the parties to negotiate alternative contractual terms to allow for the consequences of the event reasonably.
^Kluwer Law International Force Majeure and Hardship Clauses Retrieved on 14 June 2010
^Trans-Lex.org Definition of Hardship Consequences of Hardship Retrieved on 14 June 2010
Hardshipclause is a clause in a contract that is intended to cover cases in which unforeseen events occur that fundamentally alter the equilibrium of...
its consequences." Act of God Vis major Contract law Hardshipclause Hell or high water clause Impossibility of performance Mutual assent Substantial...
Look up hardship in Wiktionary, the free dictionary. Hardship may refer to: Hardshipclause, in contract law Hardship post, in a foreign service Extreme...
carefully noted.: 23–28 This term is related to force majeure and hardshipclause. The doctrine is part of customary international law but is also provided...
conveniens Chapter 7, Title 11, United States Code Hardshipclause "What is considered an "undue hardship" for a reasonable accommodation? | ADA National...
arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although such a clause may or...
this clause. The existence of laws in the States where the newly emancipated negroes resided, which discriminated with gross injustice and hardship against...
A hell or high water clause is a clause in a contract, usually a lease, which provides that the payments must continue irrespective of any difficulties...
Article I, Section 10, Clause 1 of the United States Constitution, known as the Contract Clause, imposes certain prohibitions on the states. These prohibitions...
indemnification clause or cancel the [government]'s enrollments in social media applications when their operators insist on such a clause." Under US law...
differences. Accordingly, many contracts contain a choice of law clause and a forum selection clause to determine the jurisdiction whose system of contract law...
tournament. Citing family hardship, McAdoo sought and won early eligibility for the 1972 NBA draft under the "hardship" clause that existed until 1977....
Exclusion clauses and limitation clauses are terms in a contract which seek to restrict the rights of the parties to the contract. Traditionally, the district...
York Court of Appeals case Contract law Force majeure Hardshipclause Hell or high water clause Impossibility of performance Mutual assent Petterson v...
or tribunal in the event of breach). The purpose of a liquidated damages clause is to increase certainty and avoid the legal costs of determining actual...
the Act's passage. However, there did remain an exemption clause: an economic hardshipclause that SeaWorld continued to exploit as a means of continuing...
reorganised the existing welfare system. This law did not include a hardshipclause, which would allow for exceptions to be made should the prescribed...
defences. Impossibility defense Contract law Force majeure Hardshipclause Hell or high water clause Mutual assent Ultra posse nemo obligatur Roy Granville...
exculpatory clause is a statement that aims to prevent one party from holding the other party liable for damages. An exculpatory clause is generally...
An escape clause is any clause, term, or condition in a contract that allows a party to that contract to avoid having to perform the contract. If an agreement...
influence of the increase in unemployment since the oil crisis of 1973, a hardshipclause was added to the Social Security Act in July 1974 through a change...
contracts often include penalty clauses or other similar clauses (pre-estimates of damages and forfeiture clauses). Clauses falling within the scope of the...
as part of an arbitration clause, and when paired with such clauses, frequently include jury trial waivers. All three clauses are the subject to controversy...
integration clause, merger clause, (sometimes, particularly in the United Kingdom, referred to as an entire agreement clause) is a clause in a written...
party must tell the defaulting party. Many commercial contracts include clauses that set out a process whereby notice must be given and in what form. Consequently...
stevedores had provided consideration for the benefit of the exclusion clause by the discharge of goods from the ship. New Zealand has enacted the Contracts...
Impracticability Hardship Set-off Illusory promise1 Statute of frauds1 Non est factum1 Unclean hands1 Accord and satisfaction1 Exculpatory clause Interpretation...
any of the following is true: Specific performance would cause severe hardship to the defendant. The contract was unconscionable. Common Law damages are...
Global Information