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Performance Standards Frustration of a Common Purpose

Miller Canfield

Whose Risk? Impossibility and Frustration of Purpose in Michigan Leases

Miller Canfield on

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

Quarles & Brady LLP

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

Quarles & Brady LLP on

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

Jones Day

Conflict in Ukraine: Liability for Non-Performance Under English Law

Jones Day on

The ongoing conflict in Ukraine, and the severe sanctions imposed by governments globally in response to Russia's aggression, are having extreme effects on parties' legal obligations, and are drastically altering the...more

Lowenstein Sandler LLP

Current Trends in Force Majeure Clauses in the Wake of COVID-19: Frustration of Purpose as an Alternative Argument

Lowenstein Sandler LLP on

In the wake of COVID-19, litigants have increasingly sought to excuse contractual performance by invoking force majeure clauses. In the early stages of the pandemic, there were few reported decisions on these matters, and the...more

Seyfarth Shaw LLP

Is there Wiggle Room for Performance of Lease Obligations by Retailers Under New York Law?

Seyfarth Shaw LLP on

Much has been written about the general applicability of the frustration of purpose, impossibility, and impracticability doctrines to performance of leases and other contracts in the wake of COVID-19....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

Seyfarth Shaw LLP

Temporary Impracticality or Frustration of Construction Contracts During the COVID-19 Pandemic

Seyfarth Shaw LLP on

Owners and contractors trying to understand the full impact of COVID-19 on their projects are likely turning to delay or force majeure provisions in their construction contracts to assess their rights or liabilities for...more

Morgan Lewis

COVID-19: What’s Next for the English Premier League?

Morgan Lewis on

The threat of coronavirus (COVID-19) has caused a sudden, unprecedented disruption to many areas of our lives. The decision to suspend the English Premier League (PL) is far from the most important or immediate concern, but...more

Dorsey & Whitney LLP

What Should I Do if Government Lockdowns or Supply Shortages Mean that I Can No Longer Supply a Client with Goods or Services...

Dorsey & Whitney LLP on

In these unprecedented times, many contracts are increasingly under strain. The economic effects of the COVID-19 pandemic have caused shocks throughout the global economy and have led to government interventions that would...more

Orrick, Herrington & Sutcliffe LLP

COVID-19 UK: Litigation – Force majeure and frustration under English law – Update

As the impact of the COVID-19 pandemic continues to be felt across all jurisdictions and sectors, companies are considering their options should they find themselves unable to perform their contracts. ...more

Dorsey & Whitney LLP

Contractual Implications of the COVID-19 Pandemic – Can it Excuse a Business from Performance of Contractual Obligations Under...

Dorsey & Whitney LLP on

The continuing COVID-19 pandemic is causing significant disruption across the globe with governments implementing a variety of measures, including travel restrictions, nationwide lockdowns and the cancellation of large-scale...more

Seyfarth Shaw LLP

COVID-19 Update: Force Majeure Under California Law in Business and Commercial Disputes

Seyfarth Shaw LLP on

Confusion and uncertainty abound in the business world, with many business owners unable to meet a variety of contractual obligations as a result of the COVID-19 pandemic, and related government shut downs, employee...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

Troutman Pepper

COVID-19 Restrictions And Enforceability Of "Hell Or High Water" Contract Clauses

Troutman Pepper on

A recent spate of government restrictions that have closed or limited nonessential businesses has raised a number of questions about how to reduce or shift the risks of closures in the future. ...more

Kramer Levin Naftalis & Frankel LLP

Litigation Issues in the Midst of COVID-19

There are many litigation issues presented by the outbreak of and response to COVID-19 (the disease caused by the novel coronavirus). We address below several practical and legal issues to consider during this challenging...more

Hogan Lovells

A U.S. litigator’s perspective on force majeure

Hogan Lovells on

The COVID-19 viral disease (coronavirus) that has swept into at least 140 countries worldwide and infected more than 200,000 people was officially designated a pandemic by the World Health Organization. In addition to the...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

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

Genova Burns LLC

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

Genova Burns LLC on

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

Hogan Lovells

Coronavirus FAQ: Key corporate and commercial considerations

Hogan Lovells on

The global outbreak of the novel coronavirus COVID-19 is having profound implications for businesses all over the world. A Hogan Lovells team of corporate and commercial lawyers from the United Kingdom, United States, and...more

Cozen O'Connor

Keep Calm — and Look at Your Contract(s)

Cozen O'Connor on

Whether you cannot meet your supply obligations because your supply chain has come to a screeching halt or you are losing income because conferences, sports, or cultural events are cancelled and your contract partners do not...more

Dorsey & Whitney LLP

Coronavirus and Contractual Performance Disputes - Does a Pandemic Excuse Performance of Contractual Obligations?

Dorsey & Whitney LLP on

The daily headlines are reminders of the far-reaching economic ripple effects of the 2019 Novel Coronavirus (COVID-19) outbreak. The pandemic is forcing companies to abruptly alter strategies and business plans that seemed...more

Brownstein Hyatt Farber Schreck

Do Force Majeure Clauses Cover a Coronavirus Pandemic?

A coronavirus pandemic (or even the threat of such a pandemic) could easily make it more difficult for parties to perform their obligations under many types of contracts—especially contracts requiring travel or involving the...more

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