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?
August 10, 2020
Anne K. Gerson, Esq., Ed O’Toole, Esq.