The contractual force majeure clause, once a sleepy afterthought buried in the “Miscellaneous” section of most contracts, has been brought to the front burner by the COVID-19 pandemic. Join us for a webinar in which we will draw on examples from throughout the country and across practice areas to review the elements of a contractual force majeure clause and how they are interpreted. We will examine the related common law doctrines of impossibility/impracticability of performance and frustration of purpose and how they might excuse one or both parties to a commercial agreement from performing their obligations because of the ongoing pandemic. And we will answer the question, how long can the parties expect to be excused?
Ed O’Toole, Partner, Venable LLP