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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



                                    Nicole   Lim


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


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