Will COVID-19 trigger Force Majeure? I got this question in the last couple of days from a few of my friends, colleagues and ex-colleagues. I would say there cannot be a straight answer in YES or NO. The answer to the triggering or applicability of Force Majeure lies in what manner and/or circumstances the force majeure clause of an agreement has been drafted. Let’s understand this in detail. Force Majeure and vis-Major (i.e. act of god) are the part of inevitable accidents . Inevitable accidents are defined, as any accidents that could not have been foreseen or prevented by due care and diligence of any human being involved in it, or which could not by any possibility is prevented from happening by the exercise of ordinary care, caution and skill. Force Majeure means “superior force” which include war, riots, explosions or other disasters, energy blackouts, unexpected legislation, lockouts, slowdowns, and strikes, epidemic or pandemic diseases, other specified ...
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