RTI Ltd v MUR Shipping BV: a party required to use reasonable endeavours to mitigate a force majeure need not accept non-contractual performance

By Helen Ryan, Trainee Solicitor, Duane Morris LLP 

On 15 May 2024, the Supreme Court handed down judgment in RTI Ltd v MUR Shipping BV [2024] UKSC 18.

The appeal centred around the issue of whether a force majeure clause which required the affected party to exercise ‘reasonable endeavors’ to overcome the effects of the relevant event or state of affairs meant that the other contracting party had to accept an offer of non-contractual performance.

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