The impact of covid-19 on international commercial contracts, as approved by postgraduate studies committee
Date
2022
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
University of the Witwatersrand, Johannesburg
Abstract
The Covid-19 pandemic had an immense negative impact across all industries and businesses in South Africa and internationally. The pandemic impacted many international commercial contracts, and this was due to the necessary precautionary measures and restrictions that were introduced and imposed by the South African governments, as well as governments around the world, to curb the spread of the virus. These measures included restrictions on domestic and international travel, quarantine measures and bans on imports and exports of goods and services, which severely restricted international trade. On a global level, the new precautionary regulations and measures imposed by various governments to curb the spread of the Covid-19 virus, has left many people, businesses and industries worldwide in a position where they are faced with numerous challenges, such as, being unable to carry out their daily functions and in
particular being unable to perform their contractual obligations in terms of international commercial contracts. Failure to perform contractual obligations results in breach of a contract and undesired claims for damages. This research report will address the impact of Covid-19 on international commercial contracts, from a South African perspective, and will focus particularly on the performance of contractual obligations in international commercial contracts for the sale of goods. The research report will examine the consequences that arose, from the various actions that the governments around the world undertook and imposed to curb the spread of the Covid-19 virus. In addition, the research report will assess how the UN Convention on Contracts for the International Sale of Goods (CISG), which is the main legal instrument in harmonising and governing international commercial contracts, can assist parties who enter into international commercial contracts, as well as other legal instruments. Additionally, the research report will focus on whether contractual parties who enter into international commercial contracts can be exempt from liability in a situation where either contractual party fails to perform and breaches a contractual obligation, in light of the current pandemic. The report will also consider the force majeure and hardship clauses, as well as various other clauses and whether parties to a contract may rely on these clauses as grounds for non-performance of contractual obligations in international commercial contracts. Lastly, the
research report will suggest what the impact of Covid-19 means for drafting future international commercial contracts and ways forward
Description
Submitted in partial fulfilment of the requirements for the degree of Master of Laws by Coursework and Research Report at the University of the Witwatersrand, Johannesburg, 2022
Keywords
UCTD
Citation
Naidoo, Kammani. (2022). The impact of covid-19 on international commercial contracts, as approved by postgraduate studies committee [Master’s dissertation, University of the Witwatersrand, Johannesburg]. WireDSpace. https://hdl.handle.net/10539/38632