Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Effects of Covid-19 Pandemic on Contractual Relations

Author(s): Nadia Yas

The COVID-19 is the contemporary element of worriment that has gripped the entire world since its emergence at the end of 2019 and it being declared a pandemic on 11 March 2020. As a means of protection, several countries around the world declared national lockdowns on every business and social activities; no one was allowed in or out of their country. Many businesses took a hit from the lockdown; contractual business or activities were the worst hit by this pandemic. Countries took several measures to help their people who had already be devoured by the economic and financial hardship. To many in the line of work associated with contract saw it prudent to enforce force majeure considering it as the only way of not fulfilling obligations addressed in the contract document on grounds of events that are beyond control (Private civil law). In many instances, the application of such a provision has always faced several obstacles since the interpretation of this clause by the courts is usually narrow. Many applications of force majeure get thrown out due to lack of compelling reason but today, that would be impossible. The research therefore will focus on the outbreak of COVID-19 as unforeseeable events that effected contractual relation thus the need for force majeure.

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