Force majeure in international contracts with particular reference to the English and South African legal systems

Abstract

Force majeure, or supervening change of circumstances, is still one of the main issues that impact national and international contracts. International contract law and national legal systems apply different rules to achieve contractual justice. The study analyses the exceptions to the principle of pacta sunt servanda in the case of supervening circumstances under South African law, English law, the Vienna Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UNIDROIT Principles). This study examines the nature and effects of force majeure events on contracting parties under these laws. The position of the Coronavirus disease 2019 (COVID-19) under the CISG and UNIDROIT Principles is ascertained, as is its position under English and South African law. COVID-19 was a litmus test for the maturity of these important doctrines of modern law.