Author: Paul David KC
Published: 29 March 2022
Pages: 41

Introduction

As many of you will recall, the last contract review seminar took place just as COVID-19 was beginning to turn the world upside down. As I write this review, we are learning to live with COVID-19, but the many consequences of the pandemic will be with us for some time.
Economic activity worldwide has been affected and this seems likely to continue for some time. These economic consequences inevitably bring about a greater focus on contractual rights and obligations; on the need for contract law to be predictable and capable of being applied in an effective and efficient manner by advisers, and, if necessary, courts and arbitrators, so that the law provides the necessary support for commerce as it maintains and rebuilds material wealth.

This review covers the following main areas – the interpretation of contracts (including, the requirements for the implication of a term into the contract and the principles of estoppel by convention), the avoidance of contracts for economic duress, contractual discretions, liquidated damages and penalties, interpretation of liquidated damages and limitation clauses and concludes with a section giving some examples of contract claims arising as a result of the impact of COVID-19.

 

Content outline

• Interpretation of contracts and implied terms
• Contractual discretions, good faith in contract
• Recission for economic duress by lawful acts
• Misrepresentation and cancellation
• Penalties and liquidated damages
• COVID-19 and contract

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