Force Majeure is a contractual provision which may excuse performance under the contract. This is a common issue that has been raised by my clients who seek to cancel their wedding venue(s) since relatives are unable to attend due to COVID-19 restrictions.
I have been asked whether the initial wedding deposit is refundable. The answer varies case to case.
It is likely that force majeure will be a viable defense for the performance of at least some contracts. Courts may review this defense in light of the exact nature of the performance, the terms of the contract, and the current phase of the pandemic.
