COVID-19, EXTRAORDINARY CIRCUMSTANCES AND CANCELLATION OF FLIGHTS IN NIGERIA

Abstract

There are certain factors which may affect the performance of a contract. Extraordinary Circumstances is a situation brought about by forces or conditions beyond the contemplation of the parties when contracting. Such occurrences are irregular, sudden and unavoidable. They are external and may be by way of public health emergency, public safety and security. In such circumstance, the party in breach may enjoy some reprieve particularly when it did not contribute to the situation. However, unlike frustration, force majeure, extraordinary circumstances inducing breach of contract of carriage by air does not confer absolute exemption on the carrier. He is still obligated to the passengers to refund the consideration (cost of air ticket), and where the situation so required further burdened to take care of the stranded passengers. This paper argues that Covid-19, though an example of extraordinary circumstances does not ipso facto trigger extraordinary circumstances. Whether or not, it can be pleaded to exempt the carrier from liability for cancellation of flight depend on the peculiar facts of each case.