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Frustrated? If your force majeure clause does not cover COVID-19 issues – consider the English law doctrine of frustration
During these unprecedented times we are receiving numerous queries from clients as to whether the force majeure (FM) clauses in their contracts will protect them from any issues caused by delays and/or defaults arising from COVID-19 issues.
Many of the FM clauses we see, particularly in commodities contracts, are well drafted and will cover COVID-19 events. However, some FM clauses are not as sophisticated and are unlikely to cover COVID-19 events.
If your FM clause does not cover issues arising from COVID-19, you may wish to consider whether the English law doctrine of frustration may apply.
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