Subject: Acts of God, events out of our control, even bad weather, all of these events – also known as ‘force majeure’ – can affect our ability to carry out contractual obligations.
Purpose: Understanding when a party to a contract can escape liability on the basis that he could not control and had no hand in an event which affected his ability to perform is a very complex issue. Force majeure is currently being considered in relation to COVID-19, and questions are being asked about whether or not the common law or the terms of a contract should apply. Understanding that there are several different issues to consider when a possible force majeure event is raised is half the battle. This module will take you through several real-life examples in the courts, and in every day life.
Reflection: This module will introduce you to various types of force majeure events, how the common law has dealt with force majeure events, and the importance of clear drafting of force majeure clauses in contracts. Make sure you do the recommended reading. You can also download our checklist for pointers in relation to force majeure.
Approx. time: 45-60 minutes