as we see various jurisdictions take measures to control the spread of the virus. vintage gases for scuba diving poster There may be an entitlement to relief where your contract contains a force majeure clause.
vintage gases for scuba diving poster
to be relevant are business interruption insurance and contingent business interruption insurance . You should review and understand the terms and conditions of your insurance arrangements, vintage gases for scuba diving poster as each policy can differ significantly, depending on its wording. Reliance on a force majeure clause to obtain relief from performance will often lead to disputes. A particularly fruitful area for disputes relates to a failure to provide timely notification . We also commonly see disputes about the claiming parties’ knowledge of the relevant events, and relating to the alleged nexus between the event and the impact on performance. For example, a supplier’s claim might be contestable where impediments to performance can be reasonably overcome, including by finding alternative subcontractors;
or if it fails to mitigate the effects of the event. Clearly, you should also assess whether resisting the supplier’s claim will negatively impact upon your ongoing business relationship . a change in law rendering performance illegal (not relevant to COVID-19, at present). In limited circumstances, you may seek to rely on the common law doctrine of frustration. This will bring a contract to an end in circumstances where an intervening event has occurred, through no fault of the parties, which makes a contractual obligation impossible to perform or transforms a contractual obligation into a fundamentally different obligation. There is no implied force majeure concept in Australia. However, this concept may be implied into contracts governed by civil law jurisdictions, including China, and you should consider the governing law of your contract and the place of performance. Relief under a clause linked to the impacts of the exercise of governmental powers is likely to become increasingly relevant,
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