The practice, with over 30 years of experience in commercial, property, immigration, and criminal law, has published a new report noting the challenges faced by businesses upon the outbreak of COVID-19 and detailing the legal ramifications for unresolved contacts.
More details can be found at https://leonardsolicitors.co.uk/can-i-claim-that-a-contract-has-been-frustrated
Leonard Solicitors, which helps business owners, entrepreneurs, and investors in all aspects of business law, has prepared the report in response to clients’ confusion regarding how exactly the circumstances of the pandemic have impacted contractual agreements.
Disease has historically been recognized to affect the law in dramatic ways. Although it may require more time to realize how much private law has altered as a result of the Covid-19 outbreak, one urgent worry is whether particular contracts have been discharged by frustration. Businesses whose contracts have been adversely harmed or disrupted as a result of Covid-19 may find force majeure clauses – acts, events, or circumstances that go beyond the reasonable control of either party – and the doctrine of frustration to be helpful legal instruments.
In the report, Leonard Solicitors has investigated the impact of the pandemic on the legal doctrine: the law essentially states that what needs to be demonstrated is that the contract has become commercially impossible to fulfil – but that hardship is not a factor. That is, the legal principle itself is both very narrow and somewhat subjective.
Indeed, the report finds that very few circumstances can be considered a frustrating event. For example, the High Court ruled in favour of commercial property landlords in April 2021, requiring renters to pay rent despite government limitations imposed in the aftermath of the coronavirus pandemic. The ruling was founded on the fact that under English law, the idea of “temporary frustration” does not exist. That is, the law is binary: a contract must be either frustrated or not.
Whether an entity is depending on the doctrine of frustration or a force majeure clause to escape its contractual obligations, Leonard Solicitors advises interested parties to seek professional legal advice from a commercial solicitor.
One client commented: “So many good points about them. Very quick and responsive. Very friendly. Their colleague also brought colours for my daughter which was lovely. The 2 solicitors, Inna and Assad were great in helping with my queries and even stayed after 5pm. I have rarely had such a good experience.”
Interested parties can go to https://leonardsolicitors.co.uk/can-i-claim-that-a-contract-has-been-frustrated for additional information.
Leonard Solicitors LLP
Leonard Solicitors LLP
62a The Avenue
Disclaimer: The views, suggestions, and opinions expressed here are the sole responsibility of the experts. No Gio News UK journalist was involved in the writing and production of this article.