Coronavirus and the Law of Obligations
UNSW Law Journal Forum, No. 3, 2020
12 Pages Posted: 24 Jul 2020
Date Written: July 01, 2020
COVID-19 has touched every aspect of Australian society, including the law of obligations. This comment considers how the pandemic could affect contracts – a topic which is already a very popular subject of law firms’ client updates. After discussing frustration and force majeure, it addresses a few relevant torts, including trespass to the person, the tort recognised in Wilkinson v Downton, and negligence. The comment is intended to provoke further dialogue on how COVID-19 is affecting Australian law, including in the forthcoming thematic issue of the University of New South Wales Law Journal on ‘Rights Protection amidst COVID-19’.
Keywords: coronavirus, COVID-19, frustration, force majeure, pandemics, tort, contract
JEL Classification: K10, K30
Suggested Citation: Suggested Citation