Impact of a pandemic on the sporting world: Analyzing potential contractual disputes in sports due to the spread of COVID-19

Makkar, Angad Singh (2020) Impact of a pandemic on the sporting world: Analyzing potential contractual disputes in sports due to the spread of COVID-19. Journal for Sports Law, Policy and Governance, 2 (1). pp. 114-124.

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Abstract

Beyond its extremely concerning health-related implications, COVID-19 has also massively impacted trade and business across all sectors. The realm of sports specifically has faced major setbacks, as most sporting leagues and events have been postponed, cancelled, or left in abeyance. Given the huge sums of money involved in these leagues/events, there are bound to be more than a few stakeholders hoping to cut their losses. This could potentially open the floodgates to litigation and a host of contractual disputes. This paper shall delve into potential defences that a party may rely upon in its attempts to defeat such litigious action. Specifically, this paper focuses on the English common law doctrine of frustration, the foundational theories behind it as well as the Indian iteration of this doctrine. The author also scrutinizes the concept of force majeure' and the potential of modern day force majeure' clauses to combat the issue at hand, and in doing so, illustrates how contractual disputes along these lines could influence the legal framework of sports contracts in the future.

Item Type: Article
Keywords: COVID-19 | Frustration | Force majeure | Contractual.
Subjects: Social Sciences and humanities > Arts and Humanities > Visual Arts and Performing Arts
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 29 Mar 2022 08:52
Last Modified: 29 Mar 2022 08:52
Official URL: https://heinonline.org/hol-cgi-bin/get_pdf.cgi?han...
URI: https://pure.jgu.edu.in/id/eprint/1914

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