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Affirmative Defenses Impracticability

Hutchison PLLC

Business Interruption and Contractual Nonperformance: Common Law Principles of Frustration, Impracticability and Impossibility

Hutchison PLLC on

As countries around the world respond to the arising threat posed by the coronavirus (COVID-19) pandemic, businesses are finding their operations interrupted due to a number of reasons, such as personnel shortages, supply...more

Payne & Fears

Frustration of Purpose and Impracticability of Contracts Due to COVID-19

Payne & Fears on

With  non-essential businesses in many states either closed or operating in a limited capacity due to COVID-19, many companies are unable to perform existing contracts. While the basic premise under most U.S. law is that...more

Husch Blackwell LLP

How COVID-19 Affects Contractual Obligations

Husch Blackwell LLP on

Depending upon specific contract language and case-by-case facts and circumstances, there are certain legal doctrines available to excuse delay in performance or non-performance of contractual obligations caused by COVID-19....more

Dechert LLP

COVID-19 Coronavirus: Will Global Pandemic Excuse Contractual Performance?

Dechert LLP on

A Review of U.S. Law on Force Majeure, Frustration of Purpose, Impracticability and Impossibility - The current outbreak of COVID-19 coronavirus, recognized by the World Health Organization as a global pandemic, has...more

Butler Snow LLP

Anything is (Im)Possible: Applying the “Impracticability” Defense to the Tennessee Wildfires

Butler Snow LLP on

The nation recently watched the unfortunate wildfires that overtook Gatlinburg, Pigeon Forge and the Great Smoky Mountains in East Tennessee. The unstoppable flames engulfed those beautiful towns and mountains and left ashes...more

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