Abstract:
Can Cape Town's Day Zero be classified as a force majeure? A force majeure is defined as an unforeseen event or circumstance outside of the reasonable control of a party which prevents such party from performing in terms of an agreement. A contracting party will only be able to rely on a force majeure where it has been specifically included in the contract. Is the non-provision or limited provision of water deemed to be non-performance? Drafting of force majeure clauses and what parties must take into consideration.
