Impossibility, Impracticability, Frustration of Purpose, and Force Majeure: History, Commercial Leasing Lessons Learned during COVID-19 and Strategies for the Future

04 Sep , 2024

To register for the upcoming live webinar, please Click Here

Commercial landlords and tenants should understand the evolving case law related to available defenses where the tenant is unable to pay rent. Many lessons were learned during the pandemic, e.g., effectively using contractual force majeure clauses or, alternatively, common law defenses to seek relief; and case law has evolved accordingly.

Often-used common law defenses include impossibility of performance, commercial impracticability, and frustration of purpose. Counsel for commercial landlords and tenants should know how courts are ruling on contractual and common law defenses to prepare the best case moving forward. Defense counsel must also understand the state specifics related to common law defenses such as what qualifies as an impossibility and when and how a force majeure clause may override the availability of this common law defense.

Our panel will guide landlord and tenant counsel on contractual and common law defenses in breach of lease cases due to failure to pay rent. The panel will address recent case law regarding how courts have analyzed claims of frustration of purpose, impossibility, and other common law defenses.

 

To register for the upcoming live webinar, please Click Here

More Webcasts

Silence in Court! Mo...

“Movement psychology” is a branch of psychology that emerged in the early twentieth cent...

Litigating Asylum Cl...

You have accepted representation in a defensive asylum case before the immigration court – now...

Reinvigorating the L...

A former complex litigation judge suggests winning strategies for making lawsuits faster and less ex...

Trademark and Copyri...

Every business has a brand, and most have more than one. What are the basic intellectual property co...

Everything You Alway...

Do any of these sound familiar? • I’m ok. I can work this out for myself. • I&rsqu...

Seeing through the H...

This program will survey the various categories of employment protections states provide for medical...

The Specter of Sover...

In recent years, the enforcement of commercial and investment arbitration awards against sovereigns ...

Help for the Helper:...

Many of us were attracted to the legal profession because we care about people and want to help them...

Litigating Asylum Cl...

You have accepted representation in a defensive asylum case before the immigration court – now...

Cellphone Forensics:...

Cellphones represent one of the fastest-changing areas of legal practice. Mobile device evidence is ...