News & Analysis as of

Frustration of a Common Purpose Impracticability

Holland & Knight LLP

Commercial Impracticability and Frustration of Shipping Agreements in Uncertain Times

Holland & Knight LLP on

The U.S. Trade Representative (USTR) announced a notice of action on fees for operators of Chinese-built ships and vessel owners and operators of China after it issued a proposed notice with fees and restrictions on maritime...more

Quarles & Brady LLP

Supply Chain Survival Series: Impracticability, Impossibility and Frustration of Purpose (Article #10)

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In our previous article, we discussed the concept of force majeure, which can excuse parties from performing their contractual obligations in certain circumstances. As explained in that article, force majeure is a contractual...more

Kilpatrick

5 Key Takeaways | Contractual Approaches to Supply Chain Disputes: Is it Time for a New Paradigm?

Kilpatrick on

Thomas G. Allen, Kilpatrick Townsend Partner and Global Lead for International Disputes, discussed supply chain disputes and provided strategies for managing future contracts during his recent presentation at the Asia Annual...more

Foley & Lardner LLP

Considerations For Health Club Owners Defending COVID-19 Related Consumer Class Actions

Foley & Lardner LLP on

Plaintiff’s lawyers trying to capitalize on the chaos created by the COVID-19 pandemic have filed class action lawsuits against companies who own and/or operate fitness and health clubs. The lawsuits seek refunds of assessed...more

Buchalter

Buchalter COVID-19 Client Alert: Excusing Contractual Performance in Real Estate Agreements in the Age of COVID

Buchalter on

Since the outbreak of the COVID-19 pandemic, local municipalities and state governments throughout the country have implemented stay-at-home orders and mandated closures of businesses and restaurants to lower the spread of...more

UB Greensfelder LLP

[Webinar] COVID-19 Collision between Landlords and Tenants: Legal Theories and Compromise Strategies - May 20th, 2:00 pm - 3:00 pm...

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As a result of COVID-19, landlords and tenants are coming face-to-face with legal theories that they may never have encountered before, such as force majeure, frustration of purpose, impossibility of performance,...more

Williams Mullen

Can I Postpone or Cancel My Sweepstakes, Contest, Raffle or Other Promotion Because of Coronavirus (COVID-19)?

Williams Mullen on

Sweepstakes, contests, raffles, and other promotions can be a fantastic way to engage with your customers and build brand awareness. Many companies have launched such promotions prior to COVID-19 and may now wish to cancel or...more

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

Morgan Lewis

Leasing Considerations for Tenants and Landlords During COVID-19 Pandemic

Morgan Lewis on

Tenants and landlords should consider whether certain provisions such as force majeure, frustration of purpose, and/or impracticability of performance can protect them under current leases—and whether to include such...more

Brooks Pierce

Reviewing Business Contracts in Light of the COVID-19 Crisis

Brooks Pierce on

As a result of the COVID-19 pandemic, companies are facing a wide array of business challenges, many of which would likely not have been contemplated a few weeks ago. These challenges increasingly include government-ordered...more

Epstein Becker & Green

A World Turned Upside Down: Contract Performance During the COVID-19 Pandemic

Epstein Becker & Green on

Imagine these scenarios: - Your company cannot perform a contract because of the COVID-19 pandemic. - A vendor informs you that she cannot provide your company with necessary goods because of supply chain issues caused...more

Tonkon Torp LLP

Will Financial Impacts From COVID-19 Pandemic Suffice To Breach A Contract Under A Force Majeure Clause?

Tonkon Torp LLP on

Will Financial Impacts from COVID-19 Pandemic Suffice to Breach a Contract Under a Force Majeure Clause?Force majeure clauses in contracts are intended to allow performing parties to avoid liability if certain natural or...more

Fox Rothschild LLP

How COVID-19 Is Impacting Commercial Contracts In NJ

Fox Rothschild LLP on

Disrupted supply chains and state-mandated closures caused by the COVID-19 pandemic are forcing New Jersey businesses to evaluate existing contracts to determine whether they may be entitled to any relief. Most commercial...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

Dentons

Force majeure causes, considerations, defenses, and remedies for Iowa businesses

Dentons on

The outbreak of the coronavirus and its related disease, COVID-19, has upended much of our daily lives, from supply chains, to schools, to sports. And as the pandemic and its economic fallout continue, many businesses are...more

Smith Anderson

Contracts and COVID-19

Smith Anderson on

It is important to consider how the coronavirus (COVID-19) may affect your business relationships. Every situation and contract will be different, requiring its own assessment and consideration of risks and how to respond....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

Nutter McClennen & Fish LLP

Force Majeure Events in the Midst of COVID-19

The outbreak of COVID-19 has challenged businesses across the board in unprecedented ways. Major conferences and events have been cancelled, restaurants across the country are closing down, and supply chains have been...more

Harris Beach Murtha PLLC

The Contract Implications of COVID-19

We are undoubtedly in uncharted and unprecedented times with the rapid spread of COVID-19 in the United States and around the world. Contractual relationships in virtually every business and industry have been impacted and...more

Genova Burns LLC

Contract Liability in the Wake of the Novel Coronavirus (COVID-19)

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The worldwide spread of COVID-19 has presented real-world complications to people and businesses with ongoing obligations that are becoming increasingly difficult to meet in the face of quarantines, travel restrictions and...more

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