DO COMMERCIAL LEASE TENANTS NEED TO PAY THEIR RENT DURING THE LOCKDOWN PERIOD?
THERE IS A GENERAL PRINCIPLE in the Law of Contracts which requires that in instances of supervening impossibility of performance, a party who is prevented substantially from performing in terms of the contract is relieved from their obligation to perform in terms of that contract.
In this regard, if there is a superior force which prevents a person from performing in terms of a contract this will be construed as vis major and regarded as a form of supervening impossibility to perform.
