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...
Tag: Force Majeure
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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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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...


