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FORCE MAJEURE AND THE DOCTRINE OF FRUSTRATION; THE COVID 19 EFFECT

FORCE MAJEURE AND THE DOCTRINE OF FRUSTRATION; THE COVID 19 EFFECT

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FORCE MAJEURE AND THE DOCTRINE OF FRUSTRATION; THE COVID 19 EFFECT

G.O. SODIPO AND CO.

NEWSLETTER

March, 2020 Edition

 

On the 12th Day of March 2020, the World Health Organization declared the Corona Virus Disease (Covid-19) a global pandemic. [1] As a result of the wide spread and rapid rate of infection, as well as an increasing number of deaths, various emergency measures have been put in place by local, national and even international organizations and authorities to curtail/contain the outbreak. These measures have led to the lock down and slowdown of many sectors across the country and around the world. Covid-19 has no doubt triggered severe social and economic consequences for individuals, corporate and governments across the world.

Most domestic and international contractual obligations have been frustrated and become difficult and impossible to continue.This implies that contractual obligations of parties may be delayed or may not be performed. Parties may seek to rely on force majeure clauses and/or the doctrine of frustration so as to avoid liability for a breach of contract

[1]http://www.euro.who.int/en/health-topics/health-emergencies/coronavirus-covid-19/news/news/2020/3/who-announces-covid-19-outbreak-a-pandemic

 

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Force Majeure and the Doctrine of FrustrationDownload