How should Contracts be Performed and Enforced at the Time of the Covid-19 Pandemic? : Legal and Societal Response of English Contract Law in an Unprecedented Situation

菅 富美枝, SUGA Fumie

doi:10.15002/00024156

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Other Title

新型コロナウイルス感染症（Covid-19）の感染拡大と契約の履行・執行をめぐる諸問題 : 都市封鎖を経験したイギリスにおける法的，社会的対応
シンガタコロナウイルスカンセンショウ(Covid-19)ノカンセンカクダイトケイヤクノリコウ・シッコウオメグルショモンダイ : トシフウサオケイケンシタイギリスニオケルホウテキ,シャカイテキタイオウ

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Description

This article represents an attempt to analyse how English contract law responded to the unprecedented situation of lockdown or other legal restrictions caused by Covid-19 in 2020. Strictly speaking, there have been no obvious changes in the traditional English contract law, which holds to "strict liability", and very restricted application of the doctrines of "frustration" and "changes of circumstances". However, despite the non-obvious changes of the contract law in principle, the performance and enforcement of contracts which were severely affected by Covid-19 (such as flights, weddings, package holidays, consumer credits, residential leases, and hire-purchases) were amended, in reality, by social demands and a series of Government guidelines in order to respond to social needs, particularly of vulnerable consumers, in the situation of hardship. Also, contractual parties preferred to resolve their disputes in ADR (alternative disputes resolution) rather than going to court. From these facts it can be concluded that people in difficult times are inclined not to insist on their contractual rights as strictly as they are normally likely to do in ordinary situations. Showing compassion to others and having respect for others' interests appeared to have penetrated English contract law to some extent. Here we can recognize some common features with Japanese contract law, where the concept of "good faith" is profoundly embedded and "relational expectations" play important roles that are equal to transactional obligations.

Journal

経済志林

経済志林 88 (4), 299-332, 2021-03-20

法政大学経済学部学会