FORCE MAJEURE AND FRUSTRATION OF CONTRACTS DURING PANDEMIC COVID-19

Abstract

The COVID-19 pandemic and resulting government and business response has caused disruption and consequences that many were unprepared to deal with. In an employment law context, one of the issues that emerged from these uncertainties relates to the performance of contractual obligations. Herewith, more and more businesses and organisations are now inevitably looking at their contracts to see what impact the coronavirus outbreak will have and how they can mitigate and navigate the challenges brought by the pandemic. In this alert, this paper will briefly discuss the impact of pandemic Covid-19 outbreak on the performances of contract, in two situations, one where the contract contains a forces majeure clause and the other is frustration of contracts