COVID-19 Webinar Series: May I Be Excused? Force Majeure Controversies at Home and Abroad

COVID-19's impact on contract performance looms large over business and industries across the globe. This presentation will address whether and how COVID-19 operates contractually as a force majeure event in the US and key foreign markets including Canada, Mexico, Asia, Europe and Australia.

Goals of the presentation:

• Explain how force majeure may present an avenue for non-performance under contract without penalty when unforeseeable circumstances arise
• Analyze specific examples of contract language that may permit discontinuation or termination of performance
• Understand the mechanics of making a force majeure declaration and pushing back against an unreasonable or imperfect declaration
• Review universal gap fillers in the common law (impracticability and frustration of purpose) and their unavailability/availability to contracting parties
• Canvass key foreign markets including the UK, European, Asian and other locale-specific force majeure variations as the law is emerging and companies get back to business
• Address force majeure causation and the burden of proof
• Discuss contract interpretation principles courts commonly apply to resolve competing language debates
• Explore the practical limits of force majeure including risk management considerations, drafting considerations, the duty to mitigate, and hindrance versus impossibility
• Demystify the evidence needed to rebuke a force majeure declaration, or to support one successfully