Force majeure drafting is being read anchored to the contract, not commercial workarounds

In RTI Ltd v MUR Shipping BV UKSC 18, the UK Supreme Court held that a reasonable endeavours proviso in a force majeure clause did not require acceptance of non-contractual performance unless expressly stated. For scaling technology businesses, this highlights the importance of drafting clear fallback mechanisms in SaaS and services agreements, including alternative payment methods, substitute performance options, suspension rights, and notice requirements, rather than relying on implied cooperation during disruption.

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