The Cambridge Dictionary defines a force majeure as an
"unexpected event such as a war, crime, or an earthquake
which prevents someone from doing something that is written in a
legal agreement".
The doctrine of force majeure (French for
"superior force") is based on the common law and the
purpose of such a clause is to allow a party to temporarily suspend
or terminate its obligations in terms of a contract when certain
circumstances beyond its control arise. These circumstances must
lead to impossibility of performance by the party seeking to invoke
force majeure. With the copious number of Coronavirus (COVID-19)
cases around the world, and the resultant effect on business
operations, the question must be asked as to whether parties can
argue that their contractual liabilities should be exempted due to
COVID-19 as a global health pandemic.
