Force Majeure Clause: Implications In The Covid-19 Scenario & A Look At Some Landmark Judgements

The COVID-19 Scenario - Applicability of the Force Majeure Clause Any party seeking to rely on the Force Majeure clause may need to show that it was not aware, at the time of entering the contract, that circumstances giving rise to the event of force majeure were likely to occur. For example, now that the COVID-19 pandemic is omnipresent, if parties enter into a contract after this point and then have problems performing later, they may not be able to rely on force majeure unless the contract specifically covers COVID-19 and its consequences, and provides for what happens if it affects performance of the contract. Also, parties entering into fresh contracts since the outbreak should be using the COVID-19 force majeure clause and seek advice from the lawyers on appropriate drafting of the contract.