A force majeure event is an unexpected episode out of one’s control, which prevents the normal performance of business and contractual obligations. COVID-19 spread disorderedly on a global scale and raised legal issues that forced us to analyze and debate the contractual force majeure clause conundrum through multiple lenses. We needed stronger focus to realize that legal issues relating to non-compliance with contracts during a crisis would have to undergo newfound scrutiny. This article explains the pandemic’s multiple challenges with the force majeure clause that appears on many contracts we use every day. Much has changed since the pandemic first struck and is changing still. Do we have the right focus yet?
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