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Mar 3, 2020 · In a contract requiring the personal performance of the promisor, the promisor dies or is incapacitated. This could include quarantine of an individual or his or her illness due to COVID-19.
Mar 20, 2020 · Like force majeure, the situation or event that has allegedly frustrated the contract must (1) be unforeseeable at the time the contract was entered into; and (2) not be the fault of either party. There is very little case law on whether a pandemic can frustrate a contract.
Apr 26, 2021 · What steps can I take during the COVID-19 pandemic to protect our supply chain using our existing contracts? Are there alternate ways to execute a commercial document during the COVID-19 pandemic? If an agreement does not contain a counterparts clause, can it be executed remotely?
Apr 1, 2020 · Key information on contract breaches and COVID-19—covering force majeure clauses, claims for damages, and litigation.
- The Civil Code of Québec and Superior Force
- Contracts May Provide For Different Conditions
- Conclusion
Article 1693 C.C.Q. provides that the debtor of an obligation is released from said obligation when it cannot be performed by reason of superior force. However, the burden of proof of superior force is on the debtor. In Quebec law, superior force is defined as an unforeseeable and irresistible event that is external to the party subject to the obli...
Parties to a contract may include provisions in the contract governing the consequences of uncontrollable situations, such as superior force, and thus deviate from what is provided for in the C.C.Q. In practice, many contracts contain a broader or more restrictive definition of events that may constitute superior force. For example, strikes and fir...
A superior force situation and the exercise of the rights that may result from it must be analyzed with the following in mind: 1. A case-by-case analysis is required for each situation. 2. Other legal concepts may apply depending on the circumstances, such as the duty of good faith of the parties to a contract, the duty to minimize damage, and the ...
In the face of the global outbreak of COVID-19, a question arises: what are the legal implications of a force majeure clause in your contracts or when your contract is silent in this regard?
May 4, 2020 · This Legal Update considers, from a Canadian common law perspective, the contractual and commercial issues resulting from the pandemic outside of express terms of the contract providing for excused or delayed performance.
