These cases, probably the first amongst a flurry that are yet to come, establish beyond doubt that force majeure is not a blanket concept to be applied uniformly to the situation arising out of Covid–19 and each case will have to be appreciated on its specific facts.
10 CONSIDERATIONS FOR DRAFTING A ROBUST FORCE MAJEURE CLAUSE
In light of the current global lock-down of unprecedented scale necessitated due to Covid-19, parties have had to revisit their contracts. The clause that has seldom seen such attention is the "force majeure" clause, hiding as a boiler plate provision. Recent publications have widely covered the legal implication and intricacies of how these clauses work.The... Continue Reading →
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