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s&s blog

Contractural Performance COVID-19

4/14/2020

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Jeffrey R. Schmieler, Esquire
​
Contractual Performance in the course of the COVID-19 Pandemic
 
The COVID-19 Pandemic is having a direct effect on the legal rights and obligations of individuals and businesses which is nationwide in scope.
 
Parties to commercial and non-commercial contracts must consider regarding the potential applicability of the following defenses, whether they are seeking to enforce a contract or to avoid the enforcement of a contract:
 
Contractual Clauses: All of the terms and provisions of the contract must be carefully analyzed inclusive of but not limited to:
  • Force Majeure Contract Clauses
  • Material Adverse Effect Clauses
Extra-Contractual Doctrines:
  • Impossibility of Performance
  • Impracticability of Performance
  • Frustration of Purpose
  • Acts of God
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