COVID-19 (Temporary measures) Act 2020 – Kicking the can down the road?

In this month’s edition of Notes from the Bar, we will examine the implications of the freshly minted Covid-19 (Temporary Measures) Act 2020 on businesses and individuals in Singapore in the context of the deferment of contractual obligations. Read More

Notes from the Bar – Force Majeure and the “but for” test

Force majeure clauses are often found in agreements for sale of commodities and in charterparties.  Very often, it is a long paragraph containing a very long sentence that is laborious to read.  A force majeure clause, if applicable, would allow one party to the contract to avoid liability for non-performance on the occurrence of a force majeure event.  What happens if that party seeking to rely on the force majeure clause had no intention to perform at all in the first place? Read More