Lawyers welcome law on contract obligations in unforeseen events

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They say a force majeure law is necessary given the Covid-19 outbreak and should have been proposed much earlier. FMTNews MCO DewanRakyat

PETALING JAYA: Lawyers have welcomed the proposed tabling of a law regarding a party’s inability to fulfil contracts due to unforeseeable circumstances, saying the sanctity of such agreements must be preserved especially in light of the Covid-19 pandemic.R Kengadharan said the current situation might not have been reasonably contemplated by parties entering into contracts.

He said the legislation should also ensure that the computation of time from March 18 until the movement control order ends is suspended, to prevent one party from gaining an unfair advantage over the other.He suggested that the draft law be modelled on Singapore’s.The government said earlier this week that the force majeure law would be introduced in Parliament in light of several construction projects which had been delayed by the MCO.

Lawyer Ong Yu Jian said the proposal was sound in theory but cautioned that it must be balanced against the sanctity of contracts.

 

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