Swine Flu Contingency Planning

Introduction

According to a recent survey of the Scottish Chambers of Commerce, only half of Scottish businesses have contingency plans in place to cope with the potential impact of swine flu. So what should such plans cover and what legal issues arise?

Performance of Contracts

If the effects of the swine flu pandemic become more severe, you may find that your organisation is unable to fulfil its contractual obligations, or you may suffer a loss because your suppliers cannot fulfil theirs.

Under normal circumstances, a claim for damages for breach of contract could be a possible remedy. However, if it is clear that the contractual failure was principally caused by the flu pandemic, a claim for breach may not be feasible.