Government measures in key jurisdictions 2nd edition final pages - Flipbook - Page 47
Guernsey
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5
6
7
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 – as from 18 May 2020, the Courts are returning to normal service with live
hearings in all matters albeit social distancing will be observed.
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
47