The COVID-19 pandemic has brought the concept of force majeure to the forefront across multiple practice areas. The courts continue to shape the application of force majeure during the pandemic and two recent cases, outlined in the article, signal how some courts are interpreting the doctrine in the commercial litigation context. These decisions signal to businesses that while courts remain open to considering force majeure as a defense to claims of breach of contractual obligations in the commercial context, some courts will require a strong causal connection between the claimed force majeure event and the litigant’s failure to perform. Additionally, the decisions indicated that courts may look more favorably on those who attempt to uphold their financial obligations even under current circumstances.
Latest Decisions on Force Majeure in the COVID-19 Context
