20
Jul

As we discussed in Part One of this blog post, “force majeure” clauses are commonplace in business contracts, and virtually every force-majeure clause includes express provision for some or all natural disasters, along with civic, bureaucratic, and military disruptions. But the pandemic has caused many disruptions that cannot be attributed to an act of government; as the nation reopens, it is likely that those disruptions will continue for some time.  One of a two common catch-all provisions in force-majeure clauses ...

10
Jul

In a prior post, this blog explored a range of defenses to contract claims brought in the wake of nonperformance caused by the ongoing novel coronavirus (COVID-19) pandemic.  This post examines one such defense in detail—the force majeure defense—and how the unique circumstances of the pandemic may impact attempts to assert or defeat such a defense. So-called “force majeure” clauses are commonplace in business contracts.  A typical force-majeure clause has three main features: (1) a list of enumerated events, (2) ...