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Coronavirus (COVID-19) and triggering force majeure: what, when, how—and what are the alternative options?

Published on: 20 March 2020
Published by: LexisPSL
  • Coronavirus (COVID-19) and triggering force majeure: what, when, how—and what are the alternative options?
  • Force majeure—what, when and how?
  • You’ve served your force majeure notice—what next?
  • Wrongful, or premature force majeure claims
  • What other options are available?
  • Concluding note

Article summary

Construction analysis: Corporations around the world are feeling the impact of coronavirus (COVID-19) to varying degrees. Supply chain disruption is being felt worldwide, as are workforce constraints due to sickness and self-isolation measures, governmental restrictions on people movement, and lockdowns. In the face of severe economic disruption, the length and degree of which is difficult to predict at this time, businesses are striving to keep going as best they can. However, the reality is that it may not be possible to meet certain contractual obligations and deadlines because of coronavirus-related issues. Under English law, once you have contracted to do something, there are very few ways in which you can escape those obligations without having to compensate your counterpart for your failure to perform. Emma Schaafsma and Michelle Li, partners at Herbert Smith Freehills, look at the most likely forms of relief and how they might operate in the circumstances. or take a trial to read the full analysis.

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