Doctrine of Frustration and Force Majeure Clause: Its Application on Tenancy Contract During the Movement Control Order in Malaysia

The government of Malaysia has declared the Movement Control Order (MCO) for whole nation in order to flatten curve COVID-19 infection. MCO has, among others, caused parties a contract question effect on contract. As areas law are wide, this paper aims discuss tenancy analysed legal position doctrine frustration and force majeure clause context Malaysia. analysis was done based cases provisions Reference also made case from United Kingdom Singapore as their is pari materia with Malaysian they persuasive nature. This found that can be invoked if performance obligation under prevented due MCO. However, court will apply very careful manner respect sanctity agreement. clause, it successfully scope covers event question, such In conclusion, whether terminated MCO, depend terms each