Coronavirus - Government measures in key jurisdictions - Flipbook - Page 43
Guernsey
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Contractual
Issues
•
The Guernsey government has not introduced any legislative measures to deal
specifically with contractual issues caused by the COVID-19 pandemic. Any
contractual concerns will be dealt with according to Guernsey contract law.
What measures
have been taken
to reinforce
contracts?
•
The main contractual provision which governs the enforceability of a contract upon
the existence of an unforeseen event is the force majeure clause. In general terms, the
force majeure clause seeks to list the situations in which the parties to a contract may
suspend or terminate the contractual relationship due to the occurrence of certain
events that are outside the control of the parties.
•
Depending on the construction of the force majeure clause in individual contracts, the
COVID-19 pandemic may cause the contract to be suspended or terminated.
•
Businesses should review their existing contractual relationships and seek legal
advice to ensure they are aware and fully understand their ongoing legal obligations
and identify any areas of uncertainty
•
No.
•
Yes – special measures are in place for managing trials and other hearings. Parties
are being asked to consider whether matters are urgent but, if they are, matters can
proceed, generally in a virtual format.
•
Conducting civil litigation in Guernsey during the COVID-19 pandemic
Property
Have any changes
been made to
the laws around
property, rent and
enforcement?
Litigation
Are the courts
operating?
Tax
•
•
Has any new
legislation been
introduced in light
of COVID-19?
No.
See below regarding economic substance.
Government measures in key jurisdictions
43