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When: 20 April 2020
Type: Webinar
WSG Member firm, Bradley Arant Boult Cummings LLP, hosted a 60-minute webinar series May I Be Excused? Force Majeure Controversies at Home and Abroad.

COVID-19 Webinar Series: May I Be Excused? Force Majeure Controversies at Home and Abroad

COVID-19 Webinar Series: May I Be Excused? Force Majeure Controversies at Home and Abroad Webinar Recording from Bradley Arant Boult Cummings LLP on Vimeo.


Speakers

Tripp Haston, Partner, Bradley Arant Boult Cummings LLP
Geoffrey J. Greeves, Partner, Bradley Arant Boult Cummings LLP
Lee-Ann C. Brown, Associate, Bradley Arant Boult Cummings LLP

WSG Member firm, Bradley Arant Boult Cummings LLP, hosted a 60-minute webinar series May I Be Excused? Force Majeure Controversies at Home and Abroad.

COVID-19's impact on contract performance looms large over business and industries across the globe. This presentation addressed whether and how COVID-19 operates contractually as a force majeure event in the US and key foreign markets including Canada, Mexico, Asia, Europe and Australia.

Goals of the Presentation:

  • Explain how force majeure may present an avenue for non-performance under contract without penalty when unforeseeable circumstances arise
  • Analyze specific examples of contract language that may permit discontinuation or termination of performance
  • Understand the mechanics of making a force majeure declaration and pushing back against an unreasonable or imperfect declaration
  • Review universal gap fillers in the common law (impracticability and frustration of purpose) and their unavailability/availability to contracting parties
  • Canvass key foreign markets including the UK, European, Asian and other locale-specific force majeure variations as the law is emerging and companies get back to business
  • Address force majeure causation and the burden of proof
  • Discuss contract interpretation principles courts commonly apply to resolve competing language debates
  • Explore the practical limits of force majeure including risk management considerations, drafting considerations, the duty to mitigate, and hindrance versus impossibility
  • Demystify the evidence needed to rebuke a force majeure declaration, or to support one successfully


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WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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