On 22 January, Dentons published an article saying that the changed market circumstances caused by the COVID-19 pandemic have made certain obligations more difficult to perform for many contracting parties. This has led affected parties to seek legal advice about how to excuse or suspend performance of their contractual obligations, or even terminate contracts altogether.
In this context, 2 well-known legal concepts are being tested: the common law doctrine of frustration and the contractual remedy of force majeure. A third legal concept, economic hardship, is also receiving increased attention. The article looks at how these concepts are being interrogated and developed under English law.
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