imprevisie

Question: What is the best English translation in a contract of the French concept of "imprévision",  which in Belgian Dutch is referred to as "imprevisie"? I have seen various things used, such as "frustration of purpose", "frustration", "unforeseen circumstances", and "hardship".

ChatGPT’s answer:
The best English translation of "imprévision" in a contract context depends on the specific legal system and the concept being addressed. Here's a breakdown of common translations and when they are most appropriate:

   Hardship
   This is the most commonly used translation for "imprévision" in international contracts (e.g., under the UNIDROIT Principles or ICC rules). It aligns well with situations where performance becomes excessively onerous due to unforeseen circumstances, but not impossible.

   Frustration of Purpose
   Used primarily in common law jurisdictions (e.g., England, US), this term describes situations where the principal purpose of a contract is undermined by unforeseen events. However, it implies a more stringent standard than "hardship."

   Frustration
   A broader common law term, encompassing situations where a contract becomes impossible to perform or its purpose is destroyed. It may be overly broad compared to "imprévision."

   Unforeseen Circumstances
   A more general term, suitable for describing the context of "imprévision" without invoking specific legal doctrines. It works in plain language contracts but lacks the precision of "hardship."

Recommendation:

For most contexts involving Belgian Dutch and French law, hardship is the best choice. It captures the nuanced balance of "imprévision" as it applies to contracts becoming excessively difficult but not impossible to perform. Use "unforeseen circumstances" if the legal specificity is not required.