News & Analysis as of

Impracticability Breach of Contract

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

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

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

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

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

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

Bricker Graydon LLP

Examining the defense of impracticability: Does the COVID-19 pandemic qualify as an “unforeseen event” that could render a UCC...

Bricker Graydon LLP on

For buyers and sellers of goods, the COVID-19 pandemic is causing increasing disruption to supply chains on a local, national and international level. Factories have been shut down, workforces have been downsized, flights...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

Foley & Lardner LLP

Managing the Commercial Impact of the Coronavirus: What Claims In-House Counsel Should Expect in the Near Future

Foley & Lardner LLP on

As the coronavirus outbreak continues to wreak havoc on markets and industries in the U.S. and around the world, businesses are now confronting significant and unique challenges. Successful navigation of these challenges...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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