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Tour de Force: Force Majeure in Civil Law Jurisdictions – A Superior Force Majeure Doctrine?

As COVID-19-related force majeure litigation continues to arise in both common and civil law jurisdictions, we take a first look at the approach to force majeure in civil law jurisdictions as compared to the common law...more

Tour de Force: The Impact of a Force Majeure Clause (or Lack Thereof) on Other Excuse Doctrines

What impact, if any, does a force majeure clause (or absence of one) have on common law excuse doctrines such as impossibility and frustration of purpose? A party who chooses to omit a force majeure clause from a contract...more

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