COVID-19 – A refreshed perspective on force majeure and frustration in the U.S.

The outbreak of the novel coronavirus (“COVID-19-Outbreak”) and its potential impact on contractual performance, such as unforeseeable delay in the delivery of goods and services, have generated a lot of discussions on the availability of force majeure clauses and associated doctrines such as frustration, impossibility, and impracticability. This bulletin highlights some of the key relevant issues, and provides practical tips in invoking as well as resisting the application of force majeure clauses and related doctrines under New York law.

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