An anticipatory breach of contract is a breach based on the words or conduct of a party, occurring before performance is actually due under the contract. What can you do to prevent an anticipatory breach contract? Can you file a lawsuit based on an anticipatory breach? What is an Anticipatory Breach...
This guide will discuss the defense of impossibility to breach of contract, in the context of the current pandemic. Introduction In the current climate, when businesses are shutting down and economy has come to a staggering halt, many business owners are left wondering whether they are obligated to ...
A force majeure clause in a contract may excuse a party’s performance if there is an unpreventable occurrence that disrupts contract performance. The COVID-19 pandemic may be such an occurrence as well as many of COVID-19’s affects. For any of these events to trigger force majeure, however, they mus...
A force majeure clause discharges certain contractual obligations upon the occurrence of a force majeure event. What obligations are discharged and under what circumstances depend on the language of the specific force majeure clause. What is Force Majeure? A force majeure event is an occurrence that...
Can performance of a contract be excused due to inability to perform the terms of the contract as a result of the shelter-in-place orders in the wake of the COVID 19 pandemic? Introduction During these times of uncertainty in the business sector, issues pertaining to contractual obligations are aris...
