Abdullah, Nurhidayah and Abd Ghadas, Zuhairah Ariff (2023) The Application of Good Faith in Contracts During a Force Majeure Event and Beyond with Special Reference to The Covid-19 Act 2020. UUM Journal of Legal Studies (UUMJLS), 14 (1). pp. 141-160. ISSN 2229-984X

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Abstract

Many parties face difficulties in performing contracts due to the economic dislocation since the outbreak of COVID-19. The extraordinary nature of this pandemic situation calls for good faith in contractual settings. The discussion of this paper focuses on the imposition in a force majeure event which will cause many contracts to be unenforceable. The research method used doctrinal analysis to discuss the force majeure clause in the context of the COVID-19 pandemic and the obligation of good faith in contracts. This paper will discuss the COVID-19 pandemic as a force majeure event, arguing that the rise of "good faith" in contract law and the application of "good faith" in contracts as a mitigation for a force majeure event. The paper will then present its conclusion and recommendations. The findings highlight the significance of applying "good faith" in the event of force majeure and beyond as a mitigating factor in alleviating uncertainty and unfairness.

Item Type:	Article
Uncontrolled Keywords:	COVID-19 pandemic, good faith, force majeure, COVID-19 Act 2020
Subjects:	K Law > K Law (General)
Divisions:	College of Law, Government and International Studies
Depositing User:	Mrs Nurin Jazlina Hamid
Date Deposited:	09 Apr 2023 03:22
Last Modified:	09 Apr 2023 03:22
URI:	https://repo.uum.edu.my/id/eprint/29375

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