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I would like some advice on reporting on this issue. 4.0 Features of Covid-19 The fact that there is no precedent for this virus does
I would like some advice on reporting on this issue.
4.0 Features of Covid-19 The fact that there is no precedent for this virus does not mean that force majeure is taken for granted in law and automatically recognized by the judge. Apart from the special statutes mentioned above, force majeure in contract law is "like an antibiotic, not an automatic reflex , to use the famous awareness campaign against pharmaceutical overdose. Force majeure requires a case-by-case assessment, considering the date, the place of conclusion of the contract and performance of the obligation, and the purpose of the obligation. To give a non-exhaustive example, for example, the World Health Organization (WHO) officially declared a public health emergency of international concern on 30 January 2020. On 28 February of the same year, the French Minister of the Economy recognized the situation as a force majeure situation and allowed the application of force majeure to guide all the consequences of public procurement contracts and other contracts concluded with the State. From 4 to 15 March 2020, a series of restrictive measures were taken. From 4 March to 15 March 2020, a series of restrictive measures were imposed: initially a ban on gatherings of more than 5,000 people in closed places, then a ban on gatherings of more than 1,000 people, then more than 50 people and finally more than one person, followed by the closure of certain shops and markets, depending on the circumstances of the city or region. These measures were followed by curfews, re-lockdowns and lockdowns. These measures were followed by curfews, relock downs and lockdowns. Furthermore, there is the decision to stop all activities carried out by certain operators. All these factors need to be considered when applying the concept of force majeure.( Tetu Nakajima, 2020)5.0 Events which could not have been foreseen at the time the contract was concluded The unpredictability of this event needs to be assessed specifically with reference to a reasonable contracting party or a reasonable operator. Covid-19 is still an unforeseeable event because of its rapid spread, its virulence and the uncertainty it has as to its nature and effects. As of the end of December 2020, more than 80 million people have been infected worldwide, and more than 1.7 million lives have been lost. Vaccines are being developed and commercialized at a rapid pace. The development and commercialization of the vaccine has been accelerated, and although vaccination has started in some areas, its effectiveness in bringing the situation under control is still unknown. However, the epidemic of Covid-19 However, it is not sufficient to consider the epidemic of Covid-19, but also the declarations and measures taken since the beginning of March. It is therefore necessary to consider the date on which the contract in dispute was concluded: if a contract is concluded in April for a concert which may attract more than 10,000 people, while some countries have banned gatherings of more than 5,000 people in one place from March 2020, the event in this case is clearly not unforeseeable. How about a contract concluded with a Chinese counterparty on 2 February 2020, in accordance with French law, after the WHO had declared a "public health emergency of international concern" (30 January 2020) and without any shared awareness of that declaration in Asian countries. Even in this particular setting, it does not follow that the event is reasonably unforeseeable. The decision of the public authorities to order partial re-lockdowns, curfew restrictions or the closure of certain facilities also needs to be considered. With regard to the conclusion of contracts, it is not only a question of the initial conclusion of the contract. In the case of a renewall 8 or implied renewal19 of a contract, it is the date on which the new contract is concluded that needs to be assessed for reasonable foreseeability. (Tetu Nakajima, 2020) For example, assume a contract concluded on 25 May 2018 and renewed on 25 May 2020. Covid-19 and its various consequences cannot be regarded as clearly unforeseeable. Covid-19 and its various consequences cannot be regarded as clearly unforeseeable. 6.0 This case My client, Billie Irish, happened beyond the reasonable control and foresight of the parties in the force majeure clause: Covid-19 has infected a cumulative total of over 80 million people worldwide and claimed over 1.7 million lives as of the end of December 2020. (WHO, 2020) It remains unpredictable because of its rapid spread, its virulence and the uncertainty it has about its nature and effects. Furthermore, in view of the declarations and measures implemented since early March and the conclusion of the contract in September 2019, when the pandemic could not be foreseen, Billie Irish has not breached the contract.QUESTION Billie Eilish owns "Perform All Night Berhad" This company specialises in hosting celebrities all over the world, organising concerts, events and managing their accommodation. Megan Thee Stallion, a famous singer, wished to stage a solo performance, as part of her Asian Tour. She contacted Billie Eilish on 6" September 2019 to discuss the details of the tour and terms of the contract. After weeks of discussion, an agreement was reached and Megan Thee Stallion paid the deposit. The terms included: a) Date of arrival 9 April 2020 b) Departure Date 1 1th April 2020 c) Deposit of RM5,000 for booking confirmation (this includes accommodation for Megan Thee Stallion and her team) d) Force Majeure Clause: A party will not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is a. beyond the reasonable control of a party, b. materially affects the performance of any of its obligations under this agreement, and c. could not reasonably have been foreseen or provided against, but d. will not be excused for failure or delay resulting from only general economic conditions or other general market effects. However, March 2020, the world was hit with a global crisis, where the pandemic of Covid-19 forced lockdowns. As a result, the enforceability of this contract was questionable. Billie Eilish contacted Megan Thee Stallion to terminate the contract and the deposit made would be refunded. Megan Thee Stallion refused and claim such a gesture would suffice to breach of contract. Megan Thee Stallion insisted on enforcing the contract, as the performance would take place online on 10th April 2020. Billie Eilish refused on this arrangement and sought to invoke the force majeure clause. Besides that, on a separate occasion, Megan Thee Stallion met Doja Cat on one of her drinking nights in February 2020. After a couple of drinks Megan Thee Stallion decided to sell of her house and car in return for Doja Cat's company that has been in constant debts for a period of two years consecutively.1.0 Introduction Force majeure is a general contractual clause that allows for the release of a party's performance obligations in order to interrupt the expected sequence of events and remove liability for natural and force majeure disasters that prevent participants from performing their obligations. (Investopedia, 2019) Normally, a force majeure clause will allow one or both parties to terminate the contract and to be relieved of some or all of their obligations for a specified period of time. The meaning of force majeure has also changed as the social challenge of balancing measures to prevent the spread of infection with socio-economic activities has become a social issue, given the prolonged nature of the fight against new coronavirus infections (COVID-19) and the non- negligible negative impact of the stagnation of socio-economic activities. I am speaking as a client of Billie Irish. 2.0 Case law One of the first cases in the United States was IN Contemporary Art LLC v. PhillipsAuctioneers LLC, 2020 WL 7405262 (SDNY December 16, 2020). In the JN case, an art dealer had a contract with an auctioneer to sell paintings at an auction in New York; after issuing a presidential order prohibiting the operation of the business, which was not critical due to the COVID-19 pandemic, the auctioneer cancelled the auction and terminated the contract. The art dealer sued the auctioneer to enforce the contract, but the court summarily dismissed the case as a matter of law based on the contract's force majeure clause. (JaburgWilk, 2021) In Opera Company of Boston V. Wolf Trap Performing Arts Foundation, [iv] an opera performance in a national park was cancelled because a power outage threatened the safety of 6,500 ticket holders. The Court found that an unworkable defense could be invoked because an unexpected event caused the organizers to cancel a live performance that could have posed a threat to public safety. (Justia Law, n.d.) 3.0 Infectious disease epidemics and force majeure Force majeure has already been called into play in these past cases when the parties were faced with an epidemic of a particular infectious disease. HIN1 influenza, Ebola. chikungunya fever and dengue fever were not considered as force majeure because all the requirements were not fulfilled. However, it is true that the epidemic of the new coronavirus Covid-19 has nothing in common with these previous epidemics. People are at risk of having to receive intensive care for several weeks. The public authorities, under the action of the monarch, have taken increasingly restrictive measures. Thus, the Corona disaster is a long-term crisis of global proportions. (Mustafa Meki,2020)TK 1. You are required to write your answer within the word limit of l 2 ll 1 ll words. This word limit excludes citations, case names and references. In the event the maximum word limit of 1,5\") words is exceeded in an}.r part or parts of the answer in excess of the word limit will be disregarded. . The following is a general guide as to the report layout: {a} Issue: general identication of the legal issues that will he discussed; (b) Law: elaboration of the relevant laws [case laws and provisions related to the question) (c) Application: application of those legal issues to assist your client; and (d) ConcIUsion: smary of the arguments presented and a persuasive conclusion as to why,r your client should win this case. Your attention is also drawn to APU's regulations on plagiarism {30% max}; these regulations apply to this coursework. lm...r information taken from another source (e. g. lecture notes text books, Internet sites) must he referenced Using the APA Referencing methodStep by Step Solution
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