The force majeure clause allows a defaulting party to escape the normal consequences of non-performance or late performance in terms of their contractual obligations because of an unavoidable and unforeseeable event.
The case of Bischofberger v Vaneyk [1981] 4 All SA 54 (W) stated that the general rule in South African law is that if contractual performance becomes impossible at no fault of the debtor, the contractual performance will be extinguished.
The force majeure remedies are not a one size fits all solution. Your specific situation requires consideration on the particulars of the contract, the nature of the contract, relationship of the parties, circumstances of the case, as well as the nature of the impossibility.
If you require more details on the enforceability of contracts, please feel free to contact Xander Naudé, from Naude Attorneys and he will assist you with the necessary information - email: xander@naudeattorneys.com
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