Contractual performance and COVID-19 : an in-depth comparative law analysis / edited by Franz T. Schwarz, John A. Trenor, Helmut Ortner.

Alphen aan den Rijn, The Netherlands : Kluwer Law International BV, [2021]

1 online resource (xvii-xviii, 588 pages).

Kluwer Arbitration.

As the COVID-19 pandemic continues to take its toll, contractual parties have frequently faced significant impediments in performing their contractual obligations due to COVID-19 pandemic and government measures taken in response. This indispensable book - the most comprehensive comparative examination of the impact of the COVID-19 pandemic on contractual performance - discusses the legal provisions and doctrines available to address these issues. The book examines under what circumstances COVID-19-related impediments may excuse contractual performance or lead to modification or termination of the affected contractual obligations in twelve representative civil and common law jurisdictions - the United States, England and Wales, Singapore, Brazil, Germany, France, Switzerland, Austria, Hong Kong, Costa Rica, China, and Russia. For each country, the book examines the following aspects in depth: the relevant fundamental legal principles; the various legal emergency valves available to an obligor to respond to COVID-19-related events; any remedies available to the obligee; selected examples for specific government measures related to particular types of contracts (e.g., construction, employment, lease agreements); and how the legal framework applies in typical factual scenarios. As further legal and factual developments occur, and with further jurisdictions being added, this publication will continue to be updated both online and in print. The book provides a detailed explanation under what conditions the emergency valves specific to each jurisdiction may apply. It cuts through the seeming complexity of the various legal rules and doctrines in these jurisdictions and shows that they often produce similar results in practice. The book thus opens up a wealth of insights for businesses, practitioners, and academics around the globe by providing an easily accessible analytical framework across key jurisdictions and typical factual scenarios.

Includes bibliographical references.

Description based on title information screen, viewed February 22, 2022.

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