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ARTICLE · 24 APRIL 2020

Disruption To Contracts Resulting From COVID-19 And Governmental Measures

Bär & Karrer Ltd.
Bär & Karrer Ltd.
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Bär & Karrer Ltd.

Bär & Karrer Ltd.

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The continued spread of COVID-19 and governmental measures to combat the pandemic will inevitably disrupt contracts.

SwitzerlandCoronavirus (COVID-19)

The continued spread of COVID-19 and governmental measures to combat the pandemic will inevitably disrupt contracts. They will do so in different ways, and depending on the specific situation, various legal concepts may apply. Typically, parties in essence ask if they are exempt from performing as contracted, if they are exempted from damages, if they still need to perform, if it is still possible to perform but performance has become more onerous or whether the entire purpose of the contract is defeated. Furthermore, parties may look for ways to exit the contract, including a situation where the creditor anticipates the debtor will no longer be able to perform at the relevant point in time.

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