A Wedding in the Shadow of Coronavirus

Following an outbreak of force majeure unlike anything any person or country had experienced in at least a century—the coronavirus—the government unprecedentedly enacted Emergency Regulations (Novel Coronavirus—Restriction of Activity), 5780–2020; These permit people to enter public spaces, among other purposes, to attend a wedding. At the same time, weddings may include no more than ten people, with at least two meters between individuals.
We emphasize that emergency regulations are a unique legislative instrument used by the government only in anextreme situation , unlike other dangerous public-health situations routinely regulated by orders under the Public Health Ordinance. They allow the government to use exceptional enforcement measures against citizens!

Clearly, most couples who booked a wedding venue before the world knew of coronavirus committed to minimum guest numbers ranging from a few hundred to many hundreds, rather than ten or fewer. Neither the engaged couple nor the venue owner foresaw or could foresee the pandemic and its dramatic effects worldwide, particularly in Israel. In brief, the law of contractual frustration may therefore apply to these wedding contracts.
As long as the pandemic continues to impose changes on everyday Israeli life, it is unclear when engaged couples can hold the weddings they wanted, expected and contracted for.

Postponing the Wedding—Until When?

Some venue owners rightly offered postponement to a specified new date. Although seemingly fair and beneficial to the couple, this is not always so. The owner knows that the current situation prevents the promised large wedding. Cancellation for contractual frustration therefore hangs over the owner like a sword: it may mean losing the couple as clients without entitlement to compensation. Conversely, a fixed new date secures both the client and their financial commitment.
This can become complicated. By agreeing to a specified new date, the couple commits to the wedding while aware of coronavirus, yet without knowing whether it can take place as agreed, since no one knows when attendance restrictions will end. Having set that date, they cannot claim the pandemic’s potential effects were unknown when they agreed. If restrictions still prevent the agreed wedding, it will be harder to claim frustration. They may find themselves in an unwanted, weaker legal position and pay a heavy price.

The Solution: An Amendment to the Agreement

To prevent postponement to a fixed date from becoming a trap for the couple, the parties should agree new conditions without binding themselves to a particular date. Because drafting such an arrangement is difficult, we primarily recommend neither setting a definite new wedding date nor drafting a new agreement without consulting a specialist.
Nevertheless, doing nothing is never recommended. Inaction can harm the couple’s rights and turn wedding joy into bitter disappointment.
The litigation department of A. Shiloh & Co. specializes in commercial dispute resolution and drafting complex legal documents.