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ARTICLE · 26 AUGUST 2014

West African Ebola Outbreak: Legal Guidance On Projects

Norton Rose Fulbright Canada LLP
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"This is the biggest and most complex Ebola outbreak in history." Tom Frieden, Director U.S. Centers for Disease Control

CanadaEnergy and Natural Resources
Steve Malas
Steve Malas
Jean-Philippe Buteau
Jean-Philippe Buteau
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''This is the biggest and most complex Ebola outbreak in history."
Tom Frieden, Director U.S. Centers for Disease Control

Does the outbreak qualify as an event of Force Majeure under any key contracts?

Key questions to consider in the construction of the Force Majeure clause

  • Definitions - Is the definition of Force Majeure closed or open-ended?
  • Claims - What impact is required to claim? Is the threat of an impact sufficient?
  • Compensation - Is there pure delivery relief, or can financial compensation also apply?
  • Mitigation - What obligations to mitigate apply?
  • Parties - Can any parties walk away from the contract? If so, after what period?

Best practice guidance – some things to check

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