Introduction
The COVID-19 pandemic caused unparalleled disruptions among all
sectors—from manufacturing, to hospitality, to logistics, to
entertainment. At the centre of countless contractual disputes
created by the disruption of the pandemic was a three-word term:
force majeure. Very simply, in general terms, that means
"superior force." In short, the term "force
majeure" was the issue that whether a company could legally
stop perform its obligations under a contract.
Force majeure is often an inconspicuous provision at the back of
most contracts. However, after COVID-19, force majeure has been
brought front and center and has become the most important part of
the agreement for many businesses. In some instances, businesses
were able to say that Covid-19 clauses meant that they, legally
speaking, had no obligations to their counterparties in a way that
provided some level of protection against contractual claims and
penalties, but in other situations, poorly
