Unforeseeble circumstances and force majeure. COVID19
WHAT IF I CANNOT MEET MY CONTRACTUAL OBLIGATIONS FOR THE COVID-19 PANDEMIC IN TIME?
In the current context, it is impossible to ignore the fact that the global contingency generated by the Coronavirus will have a substantial impact on the national and international economy.
Against this backdrop, there is no doubt that at some point the Mexican government will begin to implement certain measures that may impact your company’s workforce or the business operation with your domestic or foreign customers and suppliers.
So, if you have contracts or business relationships with domestic or foreign companies, it is important to review in detail the content of your contracts or terms and conditions, in order to verify whether the figures of unforeseeble circumstances and force majeure are included in the clause.
It is important that you know the actual scope of the above-mentioned figures in the event of a breach of obligations by one of the parties and that it can be demonstrated at the time that the breach was a direct consequence of the COVID-19 health emergency.
Or on the contrary, if your contracts do not provide for fortuitous event or force majeure, you should know that their interpretation must be to the applicable law agreed by the parties, or in the case of international contracts, its interpretation may be covered by the United Nations Convention on the International Sale of Goods.
Look for us and know us if you need the solution to this concern in case of a possible breach of contractual obligations, either as a customer or supplier, and that could impact on the operation of your company.