Frustration in the time of COVID-19

Frustration in the time of COVID-19

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In response to the increasing confirmed COVID-19 cases in Hong Kong, the Hong Kong Government has enacted the Prevention and Control of Disease (Requirement and Directions) (Business and Premises) Regulation (Cap. 599F) (the “Regulation”) to implement various measures (the “Measures”), inter alia, restricting and regulating the mode of operation of catering businesses and shutting down a range of premises including amusement game centres, bathhouses, fitness centres, places of amusement or entertainment, party rooms, beauty parlours, club-houses, nightclubs, karaoke lounges, mahjong-tin kau premises, and massage establishments, until 23 April 2020 or further directions (together the “Affected Businesses”).

As we last discussed the application of force majeure clauses in commercial contracts, we shall consider in this article whether force majeure, if not the doctrine of frustration, is

Carol Wong
Weir & Associates

Disclaimer: The article is for reference only and should not be construed or relied on as legal advice in whatsoever manner. Please engage a solicitor to seek formal legal advice. LegalClarus does not provide legal advice.