Contractural Performance COVID-19

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