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We have assumed that the clause in question is included in a business to business contract.
You may find the following materials useful:
• Practice Note: Discharge by force majeure which has been updated to reflect the current coronavirus (COVID-19) pandemic. The section ‘Force majeure clauses—interpretation’ considers how definitions of force majeure are interpreted by the courts
◦ Can my force majeure clause protect me against the economic impact of coronavirus (COVID-19)?
◦ Where a force majeure event is defined as something beyond a party's reasonable control 'including but not limited to' a list of specified events, would a court consider that list as indicative of the type of event that would constitute a force majeure event?
◦ Under the JCT and NEC contracts, is the contractor entitled to an extension of time if construction works are delayed due to the impact of coronavirus (COVID-19)?
◦ Can an agreement be terminated for frustration due to coronavirus (COVID-19)?
◦ Is a contractor entitled to an extension of time if construction works are delayed due to the impact of coronavirus (COVID-19)?
◦ Can I rely on ‘Certificates of Force Majeure’ issued by the Chinese government confirming that coronavirus (COVID-19) is force majeure as a force majeure event under English law?
These materials consider the qualification of the meaning of ‘force majeure’ and can give you an indication of how coronavirus may be classified in a particular contract.
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