Even if a contract does not have a force majeure clause, a party’s obligation to perform may still be discharged under the doctrine of impossibility. The doctrine of impossibility refers to situations ...
We previously wrote about the contract defenses that businesses may rely on when an epidemic impairs contractual performance, and we recently analyzed force majeure clauses under California, Colorado, ...
In his Commercial Division Update, Thomas J. Hall writes: The narrowness of the doctrines of impossibility and frustration of purpose—and their questionable utility for litigators—underscores the ...
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