Force Majeure and Impossibility of Performance in the COVID-19 Present (On-Demand)

$109.00

The contractual force majeure clause, once a sleepy afterthought buried in the “Miscellaneous” section of most contracts, has been brought to the front burner by the COVID-19 pandemic. Drawing on examples from throughout the country and across practice areas, we will review the elements of a contractual force majeure clause, how they are interpreted, and how the related common law doctrines of impossibility/impracticability of performance and frustration of purpose might excuse one or both parties to a commercial agreement from performing their obligations due to the ongoing pandemic. And if they do, for how long?

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Event Details

Course Type

Original Date Of Course

Course Instructor

Anne K. Gerson, Esq., Ed O’Toole, Esq.

General Credits

1

Course Description

The contractual force majeure clause, once a sleepy afterthought buried in the “Miscellaneous” section of most contracts, has been brought to the front burner by the COVID-19 pandemic. Drawing on examples from throughout the country and across practice areas, we will review the elements of a contractual force majeure clause, how they are interpreted, and how the related common law doctrines of impossibility/impracticability of performance and frustration of purpose might excuse one or both parties to a commercial agreement from performing their obligations due to the ongoing pandemic. And if they do, for how long?

Principles

  • Force majeure; common law defenses of impossibility/impracticability of performance
  • Frustration of purpose; a court’s role in applying these doctrines to current pandemic
  • Future attempts to revive U.S. economies

Syllabus

  1. Introduction to force majeure
  2. Impossibility/impracticability/frustration of purpose — Elements of defenses
  3. Contract examples
  4. Case illustrations from 9/11 and the 2008-09 “Great Recession”
  5. The potential extent of forgiveness of performance
  6. Key takeaways

Instructors

Ed O’Toole

Anne Gerson

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