Abstract

COVID-19 and the governments' restrictions on curbing the pandemic have severely impacted parties' abilities to fulfil their contractual obligations. Parties have thus turned to their commercial contracts to evaluate if the force majeure clauses potentially permit them to excuse or limit contractual performance instead of being in breach for non-performance. This comparative analysis highlights the approach taken by courts in England, France and the State of New York in interpreting the common law defences of force majeure, frustration and hardship in relation to past epidemics and ...