Yes you can if it is objectively impossible to perform your contractual obligations and even in the absence of a force majeure clause in the contract. Importantly, each situation will depend on its own facts and the wording of the contract. Also, in the
COVID-19 crisis specifically, developments must be considered carefully before concluding that there is an impossibility of
performance or the triggering of a force majeure clause. Claiming impossibility or force majeure incorrectly could be a breach of contract and could give rise to a damages claim against you. In particular any impossibility of performance must be absolute and it is any event, including COVID-19 and its consequences, that could bring about an impossibility or force majeure provided it is unforeseeable with reasonable foresight, unavoidable with reasonable care and not the fault of either party.
A force majeure clause in a contract will take precedence over the common law and care must be taken to comply with any agreed time limits or process requirements set out in the contract.
Can you cancel a contract because of COVID-19?
Yes you can if it is objectively impossible to perform your contractual obligations and even in the absence of a force majeure clause in the contract.
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