Early Childhood Development

Buying a Childcare Centre? Force Majeure Clauses in Contracts

Buying a Childcare Centre? Force Majeure Clauses in Contracts

With the spread of COVID-19 the potential impact of force majeure clauses in contracts. Force majeure clauses seek to deal with the impact on contracts of events which are out of the control of the contracting party. They govern the relief available when a party cannot perform their obligations under the contract. To successfully invoke a force majeure clause performance of the contract must be impossible.  It is not enough that performance may have become inconvenient or too costly it must be impossible.

In the event that you wish to rely on your force majeure clause, you will need to carefully examine your contract to determine what the relevant notice provisions are to trigger the clause. Before you seek to enact the force majeure clause or determine the contract for frustration, you need to carefully consider the consequences including any financial impact of your decision with your lawyer.

About John Hutchison information

Success cannot be achieved without sufficient planning, inspiring leadership & strong management. John brings his 28 years experience, childcare management exposure, marketing & strategy skills, & digital knowledge to his Early Learning Management role. John’s expertise spans the broader childcare sector & brings a balanced approach with a robust strategic capability & thought leadership to the team. John has specialised experience in childcare restructures, governance & compliance, mergers & acquisitions, strategic planning, equity raisings & initial public offerings (IPO).

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