Introduction Ever so often, commercial persons have concerned themselves with what they consider the operative parts of contracts they enter into. Typically, boilerplate clauses which are a feature of every well drafted contract have been the preserve of lawyers while matters close to the hearts of contracting parties, like a party’s obligation under a contract...
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Force Majeure
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April 20, 2020July 24, 2025Commercial Law, COVID-19 Insight
Implications of COVID-19 on Contracts: Doctrine of Frustration and Force Majeure
The world is literally at a standstill because of the novel coronavirus also known as COVID-19. On 30 March 2020, the President of the Republic of Ghana under the Imposition of Restriction Act, 2020[1] restricted the movements of persons in the Greater Accra Metropolitan Area and the Greater Kumasi Metropolitan Area for a period of fourteen...
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July 9, 2018July 24, 2025Case Summaries, Natural Resources, Oil and Gas
English Court Rejects Tullow’s Force Majeure Defence to Contract Termination
The Business and Property Courts of England and Wales in the case of Seadrill Ghana Limited v Tullow Ghana Limited[1]has rejected a force majeure defence advanced by Tullow in response to an unlawful termination of contract claim by Seadrill. The relevant facts are as follows. Tullow hired from Seadrill a semi-submersible rig (by name West...