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TERMS AND CONDITIONS: WHY YOU SHOULD HAVE THEM, CONTENT & THE IMPACT OF COVID 19 

Welcome back folks - the next reason you should have comprehensive T&C dealing with the current 'buzz words' namely Force Majeure ('FM').

It should be noted at the outset you cannot rely on FM UNLESS you have a clause to that effect in your T&C. If that is not the case, the common law vis major will apply - it also relates to impossibility of performance but is not quite the same thing & I will address this in a more detailed article that will be published shortly.

Your FM clause must relate to causes that are natural and unavoidable catastrophes that results in either or both party(ies) not being able to fulfill their contractual obligations. It must not be due to the fault of the party relying on the FM. Notice by the latter party must be given to the other party. It is helpful to list events that may constitute FM including a so called 'catch all' clause to deal with possible causes that may have been omitted.

Copyright  Adv Louis Nel t/a louis-THE-lawyer
July 16 2020

DISCLAIMER - Each case depends on its own facts & merits - the above does not constitute advice - independent advice should be obtained in all instances

LEGAL ADVICE CLUB ('LAC') - You can obtain specialized tourism advice from Louis (38 years in tourism) on an hoc basis via the COVID SPECIALS for TRAVELPEOPLE MEMBERS members (1) 10 minutes of pro bono (Free) advice via a phone call or e-mail and/or (2) by joining his LAC for which the joining fee & hourly rates have been reduced by 30% AND you can pay the joining fee over 3 (three) months! The fee for the 1st hour is now only R500.

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