SIGN UP FOR ETTP NEWSLETTER




NEWSLETTER SIGN UP

WHAT IS HAPPENING ?

OUR BLOG

Legal issues during COVID:19

Published on March 27, 2020

FORCE MAJEURE AND THE SOUTH AFRICAN LOCKDOWN

This article is a general overview and should not be used or relied on as legal advice. No liability will be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Consultation with an Attorney on your specific scenario and circumstances is essential. Errors and omissions excepted (E&OE)

Colloquially referred to as “act of GOD” force majeure renders performance of a contractual obligation impossible. The clause can be utilised at common law or if specified in contract.

Some of the conditions that have been recorded through South African case law are:

1. The impossibility must be impossible when considered objectively

2. The impossibility must be absolute opposed to probable, or relatively impossible

3. The impossibility must be unavoidable by a reasonable person

4. It must not be the fault of either party

5. The mere fact that a disaster or event was foreseeable, does not necessarily mean that it ought to have been foreseeable or that it is avoidable by a reasonable person.

6. Each case and specific circumstances must be tested against the general rule

At face value it appears that a number of the requirements will be met in the current lock down scenario.

Parties struggling to meet their contractual obligations during this period are strongly advised to seek legal opinion on applicability of force majeure to their specific contact.

– This information was made available by Buckus Attorneys



Go back to our blog

Property Point's Enterprise Development Programme

Property Point’s two year enterprise development programme is an intensive programme for select SMEs.

Want to apply for Property Point’s enterprise development programme? Click the button below to be redirected to our
Property Point Application form where you can submit all your company's information.

Our Partners

Want to to return to the Property Point Website ? 

<= Go to Property Point