Jeremy Patrick D.
Dela Cerna Political Science 4A
Course: PSCM 4150 (8704) TTH 1:30-3:00pm
Blog 4: "COVID 19: Four Key Considerations For Legal Positions on Force Majeure"
"Can Contracts Be Invalidated Due to COVID 19?"
A legal notion known as force majeure refers to unforeseen occurrences or
circumstances that are beyond the control of the parties to a contract and may prevent or
excuse them from completing their contractual duties. The effects of COVID-19 on contracts
may differ based on the particular circumstances, the terms of the contract, and the laws that
apply in a particular jurisdiction. Most contracts have "force majeure" clauses that might offer
relief when unforeseeable circumstances beyond the parties' control render it impossible or
impracticable to carry out the terms of the agreement. Invoking force majeure provisions can
serve as a legal justification for postponing or excusing fulfillment of contractual commitments.
COVID-19 has sometimes been seen as a force majeure occurrence.
The laws of the different nations where the contract was made and is being enforced
may also have an impact on how COVID-19 affects contracts. With regard to the pandemic's
impact on contracts, some nations may have particular legislation or judicial decisions. Based
on the article, I believe it would be applicable to apply force Majeure. Since the COVID-19
pandemic, I think it was tough for the different companies to make vaccines at that time,
especially when the situation was challenging. They need enough time to do necessary tests
that exceed their contract to ensure everything is perfect and going well. However, even when
force majeure clauses apply, parties should often expected to make reasonable efforts to
mitigate the event's impact and act in good faith. This should also depend on the situation,
whether the rate of the cases is severe or not. Those who made the vaccines are obliged to
have a right to force Majeure, but when it comes to distribution and production, there should be
limits on whether they follow Force Majeure. It would better that the contracts should be
followed in terms of securing the supplies and production. There could be a chance that they will
take advantage of the force Majeure, which is why it would be better to have a balance when it
can be applied. It's essential to thoroughly analyze and comprehend the terms of a contract,
including the force majeure clause, to ascertain how it applies in a particular circumstance. The
precise language and extent of force majeure clauses can differ from one contract to another.
Contracts should be obliged to follow or can be invalidated depending on the situation due to
the COVID-19 pandemic. For me, there is no exact whether Force Majuere should be applied or
not, but it should depend on the case and whether it is necessary for the benefit of our
community.