Can day zero be classified as a Force Majeure?

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University of Pretoria

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.

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Mini Dissertation (LLM)--University of Pretoria, 2019.

Keywords

UCTD, Force Majeure, Impossibility of Performance, Supervening Impossibility, Interpretation of Contracts

Sustainable Development Goals

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