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Do I need contract in writing?

Not all contracts have to be in writing to be legally enforceable. Nevertheless, a written contract is always a better option to protect your business, avoid any misunderstandings as to each party’s rights and obligations, and to prevent possible disputes. Contracts do not necessarily need to be long and complex to achieve these objectives.

Similarly, if you use standard terms and conditions, it is important to review them on regular basis to ensure that any changes in law (legislative changes or new case law) or the way you do business are properly addressed.

Can I invoke the Force Majeure clause?

This will depend on the specific wording of the relevant clause in your contract as there is no general definition of Force Majeure. Whether you can rely on (and engage) the Force Majeure clause will depend on many factors such as to whether a specific event falls within the definition of the Force Majeure event in your contract, whether such an event is the sole cause of your non-performance or late performance, whether the clause imposes any formal requirements (such as notice or mitigation) to be complied with to be able to claim relief from liability for non-performance or late performance of your contractual obligations.