Hell or high water clause
"Hell or highwater" redirects here. For the band, see Atreyu (band). For the album by David Duchovny, see Hell or Highwater (album).
| Contract law |
|---|
| Part of the common law series |
| Contract formation |
| Defenses against formation |
| Contract interpretation |
| Excuses for non-performance |
| Rights of third parties |
| Breach of contract |
| Remedies |
| Quasi-contractual obligations |
| Related areas of law |
| Other common law areas |
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 which the paying party may encounter (usually in relation to the operation of the leased asset). The clause usually forms part of a parent company guarantee. It is intended to limit the applicability of the doctrines of impossibility or frustration of purpose. The term for the clause comes from a colloquial expression that a task must be accomplished "come Hell or high water" that is, regardless of any difficulty.
See also
External links
- Article: "Are Hell or High Water Clauses and Waiver of Defence Clauses Enforceable?"
- Article: "Hell or high water clauses: Make them work for you
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