The business community is faced with unforeseen litigation risk, in addition to the other challenges it faces from the coronavirus pandemic. Among other issues, the crisis is compromising the ability of parties to perform contracts. The unfolding situation is implicating previously seldom-used contractual excuses in a variety of commercial contexts. This article explores potential frameworks for navigating contractual challenges in light of potential future litigation.
On March 11, 2020, the World Health Organization declared COVID-19 a pandemic and the United States suspended most travel from Europe for 14 days. The human and economic toll of the outbreak has already eclipsed other major crises in recent memory and the situation is rapidly evolving.
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