Vol5 mlja2020 2 00016 (2) force majeure

IBLAM Law Review, 2024

The aim of this study is to: Recognize the structure of an emergency clause (force majeure) in a contract; and Recognize the legal implications for the parties involved and the actions that need to be taken in the event that an emergency (force majeure) nullifies a contract. In this study, the author used three distinct methodologies, conceptual, legislative, and comparative. However, in order to fulfill their responsibilities under a contract or agreement, the parties must be able to prove that they are faced with legitimate obstacles

Port Harcourt Journal of Business Law, 2020

A basic and universally accepted principle of contact law is ‘pacta sunt servanda’ This principle means that each party to an agreement is responsible for its non-performance, even if the cause of the failure is beyond his power and was not or could not be foreseen at the conclusion of the contract. The principle reflects natural justice and economic requirements because it binds a party to his promises and protects the interest of the other party. Since effective economic activity is not possible without reliable promises, the important of this principle has to be emphasized. On the other hand, practice has demonstrated that on many occasions application of these principles may lead to the opposite of its object. That is to say, the situation existing at the conclusion of the contract may subsequently have changed so completely that the parties, acting as reasonable persons, would not have made the contract, or would have made it differently, had they known what was going to happen. With covud-19 being the new order causing disruptions to personal and business lives with one industry suffering the most immediate repercussions being the hospitality, leisure and tourism industry. Hospitality businesses had been shut or restricted in some States due to fears of community spread through travel and group environments. The news has been featuring the postponement and cancelation of events, conferences, conventions, and sports leagues, which is immediately driving down travel and tourism for business and pleasure, thus resulting in possible litigations between management companies and owners as well as investors and branding companies under franchise were obligations are practically becoming unmet. The principle of sanctity of contract is not, however, an absolute one, for when supervening circumstances are such that lead to radical alteration of the purpose of the contract, they create an exceptional situation that may have been envisage under a force majeure provisions and in the inadequacy of the terms or absence of the clause; the application of the doctrine of frustration. The doctrine of frustration, adopted in Nigeria via Statutes of General Application, has many challenges including its unsatisfactory legal effects, and the difficulties it poses to contracting parties. This paper aims to analyze the juristic basis of force majeure and frustration as possible legal reliefs available to parties under the management and franchise contract as well as the hospitality consultants having pre-determined promises and legal obligations to be fulfilled, their scopes of operations, the legal effects of their operations, and the applications of the doctrine of frustration in Nigeria.

isara solutions, 2021

This research paper attempts to explain as to how the Doctrine of FORCE MAJEURE comes in operation on account of unforeseen circumstances preventing parties from fulfilling a contract . It explains essentials of a CONTRACT and the FORCE MAJEURE with reference to COVID 19. It explains the circumstances leading to check the widening of economic inequalities .

International Journal of Business and Society, 2012

The most valuable assets of any country are its employees. It is part of an inevitable fate that befalls employees when their employer files for bankruptcy. This paper examines the principles and practice of redundancy and retrenchment of employees, or rather employee entitlements, in the event of employer insolvency. It further discusses the extent of the protection of workers’ security of tenure in employment. In relation to this, reference will be made to retrenchment situations in Malaysia compared with other jurisdictions with special reference to the following questions: 1) if the existing labour legislations and the Company Act, 1965 adequately protects workers’ security of tenure in employment and 2) whether workers who were genuinely retrenched from employment are fairly compensated for loss of employment. In summary, it will look into the extent of legal protection given to the employees in the event of employer insolvency.

Latin American Legal Studies, 2023

Force majeure clauses are one of the mechanisms commonly used by the parties in complex and long-term agreements to regulate the effects of supervening circumstances on the obligations of one or both parties. However, there are still issues that have not been sufficiently studied by the doctrine. This paper intends to deal with some of the most relevant ones. In particular, it will analyze the problems related to the faculty of the parties to alter the legal concept of force majeure, the conventional enumeration of events constituting force majeure and, finally, the effects of force majeure on the obligations of the debtor.

Journal of Politics and Law, 2014

There are several ways to put a contract of employment to an end. One of them is by way of retrenchment. Termination of employment by way of retrenchment may be relevant when the employer restructures his business. The focus of this article is to evaluate the application of the principle Last in First Out (LIFO) in the case of retrenchment in Malaysia. This article will also assess to what extent the courts defend the prerogative of the employer to retrench his employee in the case of redundancy.

International Journal of Academic Research in Business and Social Sciences

In Malaysia, employment issues are primarily governed by the Employment Act 1955 [Act 265] being the key piece of legislation on the matter. Hence, it is imperative to analyze whether the amendments brought by the Employment Amendment Act are positive improvements as compared to the current provisions of the Employment Act as well as adequate according to the international labour standards as stated by the International Labour Organization. In 2022, the Employment (Amendment) Act 2022 as well as the Employment (Amendment of First Schedule) Order 2022 were passed which will bring key changes to the employer-employee relationship in Malaysia. These amendments to the Employment Act 1955 are overdue, given that the last amendments made was more than a decade ago in April 2012. The research employs a qualitative methodology and incorporates a content analysis approach by examining the relevant legislation, the conventions, recommendations and publications of the International Labour Organization, as well as other publications from researchers. The main finding of the research is that although the amendments brought by the Employment (Amendment) Act 2022 were a positive improvement, there is still much room for improvement for the employment regime, as well as to expand the amendments to the concurrent legislation in Sabah and Sarawak. However, further research should be conducted to study whether the implementation and enforcement of the amendments to the Act is successful in improving the rights of employees in Malaysia and bring positive changes to the employer-employee relationship.

The International Conference 'European Union's History, Culture and Citizenship', 12th Edition, 2019

The creditor is entitled to damages in the event of unjustified or culpable non-performance of the contract, as the case may be. A debtor invoking force majeure may be exempt from the contractual liability provided that the respective fortuitous event is in an exclusive causal link with the non-fulfilment of contract obligations. The present study analyzes the requirements imposed by the law for an event to be considered a case of force majeure, as well as the effects generated by the occurence of the said fortuitous event