Contractual Clauses – Force Majeure

Force majeure is defined in the Black’s Law Dictionary as “an event or effect that can be neither anticipated nor controlled.” It is a contractual provision allocating the risk of loss if performance becomes impossible or impracticable, especially as a result of an event that the parties could not have anticipated or controlled.[1] These areContinue reading “Contractual Clauses – Force Majeure”

The Concept Of Force Majeure

As the world is put together intermeshed in fighting the coronavirus, economies around the world face several hardships, and businesses globally are no exception. More are left with uncertainty and anticipation over the ‘new normal’ with no predictable end to the lockdown. This situation has compelled many companies to raise severe doubts on the abilityContinue reading “The Concept Of Force Majeure”

COVID-19 and Force Majeure

The recent pandemic was declared a Public Health Emergency of International Concern by the Director-General of the World Health Organization (hereinafter, “WHO”) on the 30th of January 2020. This, as per the 2005 International Health Regulations, is an ‘extraordinary event’ that, as the WHO further elaborates, is “serious, unexpected or extra-ordinary leads to trans-national consequences,Continue reading “COVID-19 and Force Majeure”