Force Majeure In The Sale Of Goods And Covid-19 Logistics – Legal And Commercial Implications

Introduction

The objective of this article is to take a look into the legal side of the logistics problems caused by the Covid-19 pandemic. The purpose is not to indulge the legal profession or scholars with a thorough analysis of the intricacies of the subject but to introduce the subject to a more general academic audience within the spirit of studia generalia. 1 As libraries have remained closed for one and half months already, it is difficult to collect works of reference. Evidently, this emphasizes the personal nature of the views expressed in the text.

We shall restrict ourselves to the sale of goods only noting however that the performance of a sales contract requires the parties perform or employ services to deliver the goods. Delivery obligations are those that need be examined.

We shall also restrict ourselves to situations where the performance of one of more contractual obligations is virtually impossible under an individual contract and leave aside issues relating to the effects of supervening circumstances to the contractual relationship as a whole. My intention would be to cover the latter situation in a separate article later.

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