Executive Summary: As the COVID-19 pandemic rapidly spreads across the globe, disrupting public life as we know it, many businesses and employers are probably wondering, “Do I still have to perform my obligations under this contract?” As lawyers love to say, “It depends.” Attorneys and courts will likely spend months or even years sorting out whether the COVID-19 pandemic is a force majeure that may excuse contractual performance. This article will discuss force majeure clauses and whether they may be used to excuse performance on account of the global pandemic.
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