Force majeure: superior force -v- contractual requirements

While the purchase orders for toilet rolls, pasta and paracetamol are undoubtedly flowing freely, the performance of countless goods and services contracts are being heavily impacted by the ever-changing situation caused by Covid-19.

Government shutdowns, closure of hospitality venues, staff unavailability and an almost across-the-board movement to “WFH” [working from home] have meant that demand for some goods and services has dropped to practically zero, whilst the supply of others has become extremely strained.

Dealing with those circumstances, businesses are looking to the specific wording of their contracts to see how they can react.

While great care has been taken in the preparation of the content of this article, it does not purport to be a comprehensive statement of the relevant law and full professional advice should be taken before any action is taken in reliance on any item covered.