of breaches of that duty." The difference between the first two categories is said to be this: in the first case
there is no breach of contract since there is no obligation to perform in the circumstances which have
arisen, whilst in the second case there is a breach but the liability to pay damages in respect of it has
been removed.
Force majeure clauses, it seems, go to limit the extent of the obligation assumed by the promisor. They do not
operate so as to shield a promisor from liability for a breach of contract. A force majeure clause will ensure
that non-performance is no breach because no performance was due in the circumstances that have occurred.