Previous articles in this series examined Delaware case law regarding the contractual doctrines of impossibility and impracticability of performance, as well as Delaware’s likely treatment of force majeure clauses in the...more
Our earlier article explored Delaware case law interpreting force majeure provisions in the context of COVID-19. But what happens when a contract omits or contains a sparse force majeure clause? In those circumstances, common...more
Commercial contracts often include a force majeure clause that limits a party’s liability for non-performance in the face of extraordinary events or circumstances beyond that party’s control. As the COVID-19 pandemic...more