News & Analysis as of

Nonperformance Contract Terms

Morgan Lewis - Tech & Sourcing

Excuse from Performance in Commercial Contracts Part 1: It’s Not Me, It’s You

Commercial contract provisions affording a party with an excuse from performance can take varying shapes and sizes, but they all serve the purpose of relieving the party from liability for nonperformance of an obligation that...more

Farrell Fritz, P.C.

Commercial Division Says Not Every Storm Triggers Force Majeure

Farrell Fritz, P.C. on

A recent decision from Justice Robert Reed of the Manhattan Commercial Division in J.P. Morgan Ventures Energy Corporation v. Miami Wind I, LLC, Goldthwaite Wind Energy LLC demonstrates how parties have the ability to excuse...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

ArentFox Schiff

Fashion House Sues Kendall Jenner for Failing to Appear at a Photoshoot During the COVID-19 Pandemic

ArentFox Schiff on

On August 2, 2021, the Italian fashion brand Liu Jo filed a lawsuit in the Southern District of New York against model Kendall Jenner for $1.8 million, alleging that Jenner breached the terms of her modeling agreement by...more

Jaburg Wilk

Force Majeure And The Coronavirus Pandemic A Case Law Update

Jaburg Wilk on

I have previously written about the impact of the coronavirus (COVID-19) pandemic on force majeure provisions in a commercial contract. A force majeure clause may excuse a party from performing its contract because of an...more

Sands Anderson PC

Pandemic Party Planning Problems?

Sands Anderson PC on

If Canceling or Postponing Your Wedding, Bar/Bat Mitzvah, Anniversary Party or Event, Look For These When Reviewing Your Vendor Contracts....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

Fisher Phillips

COVID-19 Conflicts Lead To Breach Of Contract Claims Against Employers

Fisher Phillips on

Though sometimes overlooked given the abundance of federal and state statutory claims, employers must remember that their existing contractual obligations remain in place during the pandemic. As a review of the Fisher...more

Morgan Lewis - Tech & Sourcing

Contract Corner: Vendor Financial Viability Provisions – the New Normal?

Although many companies are already revisiting contractual provisions relating to nonperformance, like force majeure clauses, as the coronavirus (COVID-19) pandemic continues to wreak havoc on public health and the economy,...more

Cohen & Gresser LLP

Illinois Bankruptcy Court Takes First Swing at Applying Force Majeure to Nonperformance Due to COVID-19

Cohen & Gresser LLP on

With the onset of closures and quarantines early this year due to the spread of COVID-19, businesses across the country were confronted with the issue of how to perform their contractual obligations while they were unable to...more

Woods Rogers

When Coming In First May Not Be Such A Good Thing?

Woods Rogers on

When parties enter into a contract, they generally intend to follow the terms of a contract. However, sometimes, whether unintentionally or by mistake, inevitably, a party to a contract may breach a term of their contract by...more

White & Case LLP

Managing Contractual Performance in Times of Sanitary Crisis: The Spanish Law Perspective

White & Case LLP on

The unprecedented health crisis arising from the novel Coronavirus disease (“COVID-19”) and measures enacted by the Spanish Government to contain the spread, has in some cases affected contractual performance. The...more

BCLP

Singapore: Force Majeure and COVID-19 – Finding relief under current contracts and preparing for future events

BCLP on

Since the onset of the COVID-19 outbreak, parties have searched for contractual clauses (or legal doctrines) which may release, or at the very least, alleviate some of the obligations they are required to perform. In this...more

BCLP

France COVID-19 - Hardship, Force Majeure and Anticipatory Breach Provoked by the Health Emergency

BCLP on

The COVID-19 pandemic has generated an unprecedented crisis, throwing companies into uncertainty as to the fate of their contractual commitments. In response to the legitimate questions raised by such situation, many articles...more

Maynard Nexsen

COVID-19 IN NORTH CAROLINA: Winning the Breach of Contract Fight over Force Majeure, Impossibility and Frustration of Purpose

Maynard Nexsen on

As the Covid-19 pandemic continues in North Carolina, contracts – whether they are real estate, construction or other commercial contracts – are all at risk of non-performance by one of the parties. Inevitably,...more

Hogan Lovells

COVID-19: Impact on M&A and corporate in Singapore

Hogan Lovells on

Overview of mergers and acquisitions (M&A) market in Singapore - Singapore was one of the first countries outside of China to encounter the virus. Whilst deal activity was down on the prior year, M&A transactions were...more

Dechert LLP

COVID-19: Suspension of Contractual Rights and Obligations in Singapore (and Possibly Soon Elsewhere)

Dechert LLP on

Contractual rights agreed in the past may look very different today and may not be enforceable tomorrow, but (strangely) could be in the future. Such are the historic times we are living through. ...more

Jaburg Wilk

Is The COVID-19 Pandemic a Force Majeure Event?

Jaburg Wilk on

Force Majeure (literally a “superior force”) is a contract clause that excuses a party from performing its contract obligations because of unforeseen “Acts of God.” The basic idea is that, if something unforeseen should...more

Hutchison PLLC

Business Interruption and Contractual Nonperformance: Force Majeure

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

International Lawyers Network

International Lawyers Network: Force Majeure

This guide offers an overview of legal aspects of force majeure in the requisite jurisdictions.... This guide describes the law in force in the requisite jurisdictions at the dates of preparation. This may be some time ago...more

Lowenstein Sandler LLP

How Will Courts Interpret Force Majeure Clauses in the COVID-19 Crisis Response? Look to 2008 Recession Fallout for Clues

As the COVID-19 crisis continues to unfold, businesses nationwide are struggling to meet their existing contractual obligations. While companies may attempt to rely on force majeure clauses to exempt performance, they are...more

Dechert LLP

COVID-19 Coronavirus Business Impact: How to deal with private law contract enforcement issues under French law?

Dechert LLP on

The global coronavirus disease (COVID-19) pandemic as well as the containment measures adopted by various countries, including France since 17 March 2020, affect all companies. Some of these are questioning their ability to...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

White & Case LLP

Force Majeure of COVID-19 under Mexican Law?

White & Case LLP on

The present alert offers an analysis of the possible legal implications of coronavirus ("COVID-19") in civil and commercial commitments, under Mexican Law. The coronavirus was first notified on December 31, 2019, in Wuhan,...more

Dechert LLP

COVID-19 Coronavirus: Facing a Global Challenge: Key Considerations for Fund Managers

Dechert LLP on

The outbreak of the COVID-19 coronavirus is causing business disruption on an unprecedented scale. After more than a decade of sustained economic growth, market volatility and central bank intervention has returned. ...more

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