COVID-19 has challenged contracts between parties. This talk will show how, in reality, global pandemics since 1900 have challenged the principle of force majeure. Nevertheless, this paper asserts that pandemics are inevitable parts of our lives. Therefore, humans must adapt to them and assume all business risks when entering into business contracts.
The present paper explores the force majeure principle contained in the Code Civil 1804 by examining interpretations of it from the American, and Chinese perspectives, as these were the three major ones contributing to interpretations of the principle. In addition, this paper presents the Maltese approach because the mentioned Code highly influenced it.
This paper is relevant to this conference since it will primarily focus on COVID-19. COVID-19 and contract law are fundamental because they challenge the idea of good faith in contracts and allow force majeure in one more instance.