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The applicants in Grassy Knoll Trading 78 CC t/a Fat Cactus and Another v Guardrisk Insurance Company Limited  1 All SA 503 (WCC), sought a declaratory order that Guardrisk was obliged to indemnify them under their insurance policy for Covid-19 related losses since they amounted to an interruption of, or interference with their business due to ‘notifiable disease occurring within a radius of 50 km of the premises’.
A force majeure is generally defined as “an act of God or man that is unforeseen and unforeseeable and out of the reasonable control of one or both of the parties to a contract, and which makes it objectively impossible for one or both of the parties to perform their obligations under the contract.”