COVID-19 – refreshed perspective on force majeure and frustration

The outbreak of the novel coronavirus (“COVID-19-Outbreak”) and its potential impact on contractual performance, such as unforeseeable delay in the delivery of goods and services, have generated a lot of discussions on the availability of force majeure clauses and the associated doctrine of frustration.

This bulletin highlights some of the key relevant issues, and provides practical tips in invoking as well as resisting the application of force majeure clauses and the doctrine of frustration.

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