The COVID-19 Pandemic has unprecedented and wide-spread
impact on commercial obligations. Many business
relationships are being disrupted or suspended, and many
business deals are delayed or completely cancelled. The global
lock-down has companies scrutinizing their rights and
obligations, and turning to the back pages of their contracts to
check if a force majeure provision is in the fine print. In a
state of wide-spread emergency, the force majeure clause rears
its head and becomes relevant.
Whether the COVID-19 Pandemic will be considered an event
of force majeure will depend on the contract terms and
the clause itself.
Here is our hit-list of seven things to consider:
1. What is a "force majeure"
clause?