THE PANDEMIC AND FRUSTRATION, FORCE MAJEURE, AND HARDSHIP: AN ENGLISH LAW PERSPECTIVE

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.

https://www.dentons.com/en/insights/articles/2021/january/22/three-degrees-of-hardship-an-english-law-perspective

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Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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