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Supervening Impossibility and the interpretation of force majeure clauses during a pandemic
Dissertation (LLM)--University of Pretoria, 2023.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2024
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| _version_ | 1867613625541197824 |
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| access_status_str | Open Access |
| author2 | Cornelius, Steve J. |
| author_browse | Cornelius, Steve J. |
| author_facet | Cornelius, Steve J. |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Dissertation (LLM)--University of Pretoria, 2023. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/95035 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:07.647Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/95035 Supervening Impossibility and the interpretation of force majeure clauses during a pandemic Cornelius, Steve J. romi.comyn@gmail.com Comyn, Romi Irene UCTD Supervening impossibility COVID-19 Pandemic Force majeure Contractual clauses Dissertation (LLM)--University of Pretoria, 2023. This dissertation aims to assess and deal with the common law doctrine of supervening impossibility and the use of force majeure clauses in contracts, specifically during a pandemic such as the COVID-19 pandemic. Since the South African contract law does not consider force majeure, per se, it is necessary to fall back on the common law which regulates performance of a contract. When parties enter into a contract which does not make provisions for unforeseeable events or circumstances, they are bound by the common law doctrine of supervening impossibility. The reason for this is that the contracting parties have some protection or recourse in times of crises. It is, however, important to keep in mind the intention of the parties and thus consider a more flexible clause such as a force majeure clause which is specific to the parties’ contract and makes provisions that suit the parties needs and can avoid the termination of the contract in the event of an unforeseeable event beyond the parties’ control. This dissertation thus investigates performance of contracts in South Africa and the effectiveness of the South African common law. Private Law LLM Unrestricted Faculty of Laws None 2024-03-01T11:40:28Z 2024-03-01T11:40:28Z 2023 2023 Dissertation * http://hdl.handle.net/2263/95035 10.25403/UPresearchdata.25324033 en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Supervening impossibility COVID-19 Pandemic Force majeure Contractual clauses Supervening Impossibility and the interpretation of force majeure clauses during a pandemic |
| title | Supervening Impossibility and the interpretation of force majeure clauses during a pandemic |
| title_full | Supervening Impossibility and the interpretation of force majeure clauses during a pandemic |
| title_fullStr | Supervening Impossibility and the interpretation of force majeure clauses during a pandemic |
| title_full_unstemmed | Supervening Impossibility and the interpretation of force majeure clauses during a pandemic |
| title_short | Supervening Impossibility and the interpretation of force majeure clauses during a pandemic |
| title_sort | supervening impossibility and the interpretation of force majeure clauses during a pandemic |
| topic | UCTD Supervening impossibility COVID-19 Pandemic Force majeure Contractual clauses |
| url | http://hdl.handle.net/2263/95035 |