Adesina-Babalogbon, Oluwafunmilayo and Abibu, Akinyemi (2021) FRUSTRATION FORCE MAJEURE AND IMPACT OF COVID-19 ON THE BUILT ENVIRONMENT. In: 8th National Environmental Conference of the School of Environmental Studies, the Federal Polytechnic, Ilaro, Ogun State, Nigeria., 13th July, - 15th July, 2021., Federal Polytechnic, Ilaro.
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Abstract
Supervening events occur to make it impossible for the obligations respectively assigned to contracting parties to be performed at all, or partly. By reason of the fact that these occurrences are not anticipated, parties fail to accommodate such clauses into their contract. Hence, the frustrating events can cause the discharge of a contract. However, cautious parties have taken to input force majeure clauses in their contracts with the effect of listing occurrences that could lead to suspension or postponement of the performance of the terms therein. This paper examines the concepts of frustration, and that of force majeure and their effect on construction contracts. Furthermore, the impact of Covid-19 was examined and it was discovered that the word “pandemic” was hardly inputted into force majeure clauses prior to the advent of the Corona virus. This impacted on a lot of contracts negatively and even led to the termination of some agreements. This paper consequently recommends the prudence of factoring the pandemic as a force majeure that contracting parties ought to adopt in their agreements so as to avoid instances of legal disputes. The research methodology relied upon in this paper is qualitative with heavy dependence on relevant journal articles textbooks. Keywords: Frustration, Force Majeure, Building Contracts, Pandemic, Covid-19
| Item Type: | Conference or Workshop Item (Paper) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law, Arts and Social Sciences > School of Management |
| Depositing User: | Unnamed user with email [email protected] |
| Date Deposited: | 11 Oct 2022 11:05 |
| Last Modified: | 11 Oct 2022 11:05 |
| URI: | http://eprints.federalpolyilaro.edu.ng/id/eprint/2016 |
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