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Force majeure and real estate contracts - a comparative jurisdiction analysis of Covid-19
The approach to 'Force Majeure' can differ greatly depending on the following key factors:
- Whether you are located in a Civil Law or Common Law legal system;
- What your contract says, not only about force majeure, but also about the relative risk apportionment between the parties including warranties, indemnities, insurance and so forth; and
- Whether other general legal principles may be more appropriate for a claim of relief.
Specialists from various jurisdictions will analyse the above in detail with a specific focus on real estate contracts, and provide practical guidance on how to approach this topic in unpredictable Covid-19 affected times.
Webinar Poll Results
Are you from a Civil or Common Law Jurisdiction?
Civil Law 62% Civil Law; Common Law 2% Common Law 36%
Would you rather have a detailed force majeure clause in your contract or just rely on general legal principles?
Contract Clause Preferred 72% Contract Clause Preferred; General Legal Principles Preferred 0% General Legal Principles Preferred 28%
Most Tenants are asking Landlords for rent relief. What relief do you think tenants should be offered?
No Relief 3% Rent Deferment 54% Rent Deferment; No Relief 1% Rent Waiver 36% Rent Waiver; No Relief 0% Rent Waiver; Rent Deferment 5%