Abstract
There is no doubt that the corona virus (COVID-19) pandemic has impacted almost every sphere of human endeavours, including the performance of a contract. The significance of the concepts of frustration and force majeure as principles of contract in the current context of the COVID-19 pandemic cannot be overemphasized. While frustration, a common law doctrine is implied by law to release parties from their obligations, force majeure clauses look at the express intention of parties in dealing with supervening occurrences. This article intends to simplify the understanding of the overlapping nature of frustration, force majeure and COVID-19 in modern contracts.
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