Solution:
- If the contract provides, reliance on force majeure clauses in the proforma Invoice/sales contract and other contracts, is possible. If contract does not provide for such clauses it may not be implied into the contract.
- Alternatively, it may be possible to rely on the principles of frustration of contract due to impossibility of performance.
- Possible impact on Loan: Reliance on Bangladesh Bank Circular no. 05/19 of BRPD or any amendment thereof or any possible new circular may be possible, allowing reschedulement of loan.
- Insurance Arrangements: Need to check whether insurance policy covers such situation.
- Labour law: Layoff allowing payment of reduced salary etc & if the situation demands in extreme cases, retrenchment under labour law and/or unpaid long leave may be considered.
- Carriage contract: Exclusion of liability for Act of God may be relied upon.
COVID-19 MANAGING RISKS: SUPPLY CHAIN AND TRADE
Our COVID-19 Taxation, Finance, Shipping, Commercial, DR Practice Group prepared a bulletin on COVID-19 Managing Risks-Supply Chain. It covers the key risks factors and the benefits of managing such risks.
COVID-19 MANAGING RISKS: TAXATION
Our COVID-19 Taxation, Finance, Shipping, Commercial, DR Practice Group prepared a bulletin on Managing Risks: Taxation. It covers the key risks factors and the benefits of managing such risks.
COVID-19 MANAGING RISKS: FINANCE
Our COVID-19 Taxation, Finance, Shipping, Commercial, DR Practice Group prepared a bulletin on Managing Risks: Finance covering summary of circulars of Bangladesh Bank.
For more information on COVID-19: MANAGING RISKS click News and Events. Your also like to follow our Blog posts on this issue.