CORONAVIRUS, CANCELLED WEDDINGS AND LOST DEPOSITS: WHAT ARE YOUR RIGHTS?
The COVID-19 pandemic is rapidly evolving, with unprecedented impacts on the way we live our day to day lives. The entertainment industry, in particular, has been heavily impacted by governmental restrictions. Many brides and grooms to be have no choice but to cancel or postpone their weddings, particularly with new restrictions in place banning non-essential services including restaurants (except takeaway services), bars and pubs, and non-essential outdoor gatherings of over 500 people. So what happens to deposits or monies paid?
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A description of a force majeure event. The contract may simply refer to a general description of a force majeure event such as “an unreasonably foreseeable event” or an “event not anticipated by the parties at the time of signing”. Alternatively, the contract may list events that trigger a force majeure event, such as weather or health related events;
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The clause requires notice to be given by one party, to the other, that such a force majeure event has occurred, or may occur; and
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The clause allows for the suspension or termination of the Parties’ performance under the contract resulting from the force majeure event.
If you are unsure whether or not your contract contains a force majeure clause, we encourage you to contact our office. Should your contract not contain a force majeure clause, frustration may be relied upon.
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DISCLAIMER: We accept no responsibility for any action taken after reading this article. It is intended as a guide only and is not a substitute for the expert legal advice you can get from De Marco Lawyers and other relevant experts.