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Impossibility Contract Terms

Miller Canfield

Whose Risk? Impossibility and Frustration of Purpose in Michigan Leases

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Following the COVID‑19 pandemic, many parties and jurisdictions grappled with how shutdown orders affected their private contract rights. Our commentary from March 2020 is still a good starting point for evaluating these...more

Mayer Brown

Contract Disputes Arising from the Ukraine Conflict: Issues, Defenses and Lessons for the Future

Mayer Brown on

The ongoing conflict in Ukraine has had a significant impact on commercial activity for many organizations on a local and international scale. Organizations with commercial operations in the region (both Ukraine and Russia)...more

Williams Mullen

Material Price Escalation: Workable Compromises Versus Traditional Allocation of Risk Expectations

Williams Mullen on

Rapid material price escalation is a costly reality of today’s construction industry. How long this escalation will be a reality is anyone’s guess. In the meantime, there are workable solutions; but those pressing for...more

BakerHostetler

FAQs: Ukraine-Russia Conflict: Force Majeure and Other Defenses to Contractual Performance

BakerHostetler on

The Russian military’s invasion of Ukraine, coupled with the considerable economic sanctions levied against Russia and certain Russian entities and individuals, has significantly impacted businesses worldwide. Recognizing the...more

Jones Day

Conflict in Ukraine: Excuses for Non-Performance of Contracts Governed by German Law

Jones Day on

Traditionally, industry in Germany has enjoyed close commercial ties with Russia and Ukraine. The ongoing conflict in Ukraine and the resulting sanctions imposed on Russia—and by Russia—will inevitably affect these business...more

Goulston & Storrs PC

ICSC U.S. Law Conference 2021

Goulston & Storrs PC on

The 51st Annual International Council of Shopping Centers (ICSC) U.S. Law Conference was held earlier this month in San Francisco from November 3 – 5, 2021. Chaired by our own David Rabinowitz, the event hosted more than 700...more

Goulston & Storrs PC

Law of the Land – Real Estate Litigation Newsletter - February 2021, Volume 1, Issue VI

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CASES OF NOTE THE SECRET'S OUT Victoria’s Secret Stores, LLC v. Herald Store Owner LLC, 70 Misc. 3d 1206(A) (N.Y. Sup. Ct. Jan. 7, 2021) A New York court recently held that a retailer’s closure due to a state law imposed...more

Farrell Fritz, P.C.

The Secret’s Out: COVID-19 May Not Excuse Commercial Rent Obligations

Farrell Fritz, P.C. on

The lingerie brand Victoria’s Secret (“VS”) has struggled in recent years. VS’ overtly sexy aesthetic has failed to keep up with shifting consumer tastes towards comfort and gender and size inclusivity....more

Moritt Hock & Hamroff LLP

No Get Out Of Jail Free Card: Courts Less Than Receptive To Force Majeure, Impossibility, and Other Defenses

The increase in loan and lease defaults in the wake of COVID-19 has brought to the forefront numerous legal defenses by borrowers and tenants, such as force majeure, impossibility, and frustration of purpose. Force majeure...more

Seyfarth Shaw LLP

New Decisions Give Further Guidance on Frustration of Purpose, Impossibility, and Related Doctrines

Seyfarth Shaw LLP on

As discussed in previous updates, courts across the country continue to grapple with the application of the legal doctrines of impossibility, frustration of purpose, and impracticability in breach of contract actions...more

Goulston & Storrs PC

How Contract Provisions and Common Law Principles Will Impact the Sports Business

Goulston & Storrs PC on

It’s hard to read the news these days without seeing the dramatic effect of COVID-19 on professional and collegiate sports.  Among others, a number of professional athletes have opted out of their respective seasons, Major...more

Seyfarth Shaw LLP

Force Majeure and Impossibility in the Era of COVID-19, New Court Decisions and an Emerging Bankruptcy Trend

Seyfarth Shaw LLP on

Force majeure clauses and the doctrines of impossibility and/or impracticability remain among the most-discussed legal topics of the COVID-19 pandemic.  ...more

Kramer Levin Naftalis & Frankel LLP

Commercial Leases in New York: Enforcement Is on Pause, but Negotiations Should Be Ongoing

New York courts are resuming some operations, but eviction proceedings, including for violations of commercial leases, are still suspended. However, those contracts — and the obligations they created — still exist. ...more

Troutman Pepper

Enforceability of 'Hell or High Water' Clauses in the COVID-19 Business Environment

Troutman Pepper on

The COVID-19 pandemic has resulted in dramatic shifts in the way many companies operate. A recent spate of government restrictions have closed or limited nonessential businesses, and, although they vary by state, many of...more

Cozen O'Connor

Commercial Tenants Raising Impossibility of Performance and Frustration of Purpose

Cozen O'Connor on

New York courts have applied the common law doctrines of Impossibility of Performance and Frustration of Purpose narrowly and strictly and only in limited circumstances when raised by commercial tenants who refused to pay...more

Maynard Nexsen

COVID-19 in South Carolina: Winning the Breach of Contract Fight Over Force Majeure, Impossibility and Frustration of Purpose

Maynard Nexsen on

As the novel coronavirus has and continues to wreak havoc on so many lives, so does it affect contracts, whether they be those between landlord and tenant, buyer and seller, or otherwise. As addressed by my esteemed colleague...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

Dickinson Wright

COVID-19 and Its Impact on Performance of Commercial Leases: A Review of Force Majeure, Impossibility of Performance, and...

Dickinson Wright on

As COVID-19 spreads throughout the United States and governors issue “shelter-in-place” orders and mandate the closure of non-essential businesses, landlords and tenants have encountered new and evolving challenges in meeting...more

K&L Gates LLP

COVID-19: Force Majeure in the State of Qatar

K&L Gates LLP on

As COVID-19 continues to cause widespread disruption to commercial activity around the world, there is an increased focus on the effectiveness of contractual force majeure provisions and the availability of relief under...more

Sherman & Howard L.L.C.

COVID-19 Updates: Arizona Employment Law Issues

This presentation provides a brief overview of common employment issues Arizona companies are currently facing as they navigate the unforeseeable consequences COVID-19 has had on their businesses....more

White & Case LLP

COVID-19: Legal Impact on Contractual Obligations

White & Case LLP on

The spread of the coronavirus infection (2019-nCoV) is causing parties to consider the need to amend or cancel their contracts. They will also likely be giving thought to the allocation of liability and expenses in connection...more

Lowenstein Sandler LLP

Two Weeks Into a Pandemic: A Fresh Look at Force Majeure

Lowenstein Sandler LLP on

While the new coronavirus disease (COVID-19) outbreak has already caused unprecedented and far-reaching negative consequences, foremost for many businesses is the difficulty or impossibility of carrying out contractual...more

Blank Rome LLP

When Things Are Not “Business as Usual”: COVID-19 and Contract Defenses

Blank Rome LLP on

The coronavirus COVID-19 health crisis has interfered with ongoing and future business arrangements throughout New Jersey. As a result, New Jersey businesses that are parties to existing contracts may have rights in the event...more

Brownstein Hyatt Farber Schreck

Contracts in the Age of Coronavirus: Are Businesses in Breach If Forced to Close by Government Order?

COVID-19 has upended our everyday lives and business operations around the country. Many states have taken drastic steps to curb the spread of the virus by ordering businesses to close and/or individuals to shelter in place....more

Tonkon Torp LLP

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

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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

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