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The COVID-19 pandemic and Government-imposed measures to contain its spread have triggered a large-scale disruption of the Kenyan economy, leading to a slowdown in many sectors. Given the local and global effects of the pandemic, businesses are grappling with their inability to meet their obligations under existing contracts.
In Part I of our series, we addressed how parties may rely on force majeure clauses as a defense to non-performance or delayed performance of their contractual obligations amidst the pandemic. What happens in circumstances where COVID-19 has made performance impossible but your contract lacks a force majeure clause?
In Part II of the series, we explore the application of the common law principles of frustration, impossibility and impracticability of performance. Click here to read the full article.