Introduction
The unprecedented upheaval caused by COVID-19 has affected
normal performance of contractual duties. Logistical issues, health
and safety risks and governmental decreed 'lock-downs' for
extended periods of time have up-ended life and commercial activity
on an unparalleled scale. A post-Covid world is beset by delays,
payment defaults and a failure or refusal to perform contractual
promises and stipulations.
Parties to a contract are anxious to understand what their
rights and remedies are in the prevalent circumstances. Many
inquires relate to whether parties or their counter-parts can be
legally excused from discharging contractual obligations by
recourse to the doctrine of force majeure or frustration. Force
majeure is a contractual stipulation, as opposed to the doctrine of
frustration that operates by law. Force majeure will require
parties, lawyers and ultimately courts to construe contracts to
ascertain whether there is an exclusion clause that
