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Mar 26, 2020 · 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 limitations, and supply chain disruptions. Naturally this never-before-seen set of circumstances are leading to questions from both sides of the contract around force majeure, the ...
Force majeure, frustration, and impossibility are all defenses that companies are likely to encounter in the wake of COVID-19. California businesses should review their existing contracts, with the assistance of their counsel, to understand whether these doctrines could apply to upcoming contractual obligations.
Jul 1, 2020 · Beyond that, contracting parties can, and often do, “contract around” these legal doctrines by including a ‘Force Majeure’ clause, which specifies what should happen in case of an ‘Act of God’ like the coronavirus. 1 Open this footnote Close this footnote 1 See generally Andrew A. Schwartz, A “Standard Clause Analysis” of the Frustration Doctrine and the Material Adverse Change ...
Apr 8, 2021 · A year after the Covid-19 pandemic came to the U.S., more and more courts are showing a willingness to accept force majeure, impossibility or impracticability, and other defenses to excuse contract obligations in situations caused by the pandemic. Reed Smith partner John McIntyre explains.
Force Majeure in California Contracts | Stimmel Law ... Introduction:
clause in a commercial lease may be invoked due to the novel coronavirus (COVID-19) and California’s Safer at Home Order. It addresses the likelihood a force majeure clause will be enforced in California, other related impossibility defenses, and considerations for commercial lessors and lessees going forward. Have no doubt about it—if you are
Oct 28, 2020 · A business owner in California filed suit against its insurance carriers after it was required to close due to the State of California’s Executive Order N-33-20 and other public health orders attempting to slow the spread of COVID-19. 5 As a result of ensuing business losses, plaintiff filed a claim with its insurers, requesting coverage under the policy for lost income due to the closure ...
