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2020 Sing. Comp. L. Rev. 119 (2020)
COVID-19 Implications for Contracts under Singapore and English Law

handle is hein.journals/singclr2020 and id is 123 raw text is: Slgapore Comparative LawReiew COVID-19: IMPLICATIONS FOR CONTRACTS UNDER SINGAPORE AND ENGLISH LAW Nicole Lim INTRODUCTION COVID-19 has been regarded as the black swan event of 2020, causing massive upheaval to businesses and impacting economic ecosystems on an unprecedented scale. Since the onset of the pandemic, governments across the globe have responded with measures in the form of border restrictions and orders requiring employees to stay at home, which have severely disrupted business operations and supply chains. Many businesses which encountered difficulties in fulfilling their contractual obligations faced the threat of damages claims or risked having their deposits forfeited or leases terminated. This article will explore two primary avenues of contractual relief-force majeure clauses and the doctrine of frustration-under English and Singapore law. While Singapore's position in these two areas of law accords with the English position, local jurisprudence further elucidates the legal position for parties. Also, new legislation fast-tracked through the Singapore Parliament now offers affected businesses and individuals interim relief in relation to certain contracts. FORCE MAJEURE There is no established definition of force majeure under common law, contrary to civil law jurisdictions where it has a statutory definition. Force majeure clauses anticipate a supervening event beyond the parties' control which prevents either party from being able to fulfil its obligations. The underlying principle is that when an extraordinary event or circumstance occurs which is outside a party's control, that party will not be liable for its failure to perform all or part of its obligations. Force majeure clauses are included in contracts to achieve flexibility during challenging circumstances and are critical in the light of the limited remedies available to parties 119

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