The global spread of the coronavirus disease that causes
COVID-19 (“COVID-19”) has sent shockwaves through the
world economy in the last three months. Business operations in
nearly every industry have been disrupted rapidly on a grand scale.
The direct economic fallout of the pandemic has only been
compounded by the necessary measures taken by governments and
private industry to mitigate further proliferation.
As a result of the wide-ranging impacts of COVID-19, parties
involved in existing corporate and commercial agreements are
increasingly concerned about being able to fulfill their
contractual obligations. In addition, companies are seeking
guidance on how to appropriately allocate risk when negotiating new
contracts in the wake of the pandemic. “Force
majeure” is the legal term most frequently associated
with the fallout from an event like the spread of COVID-19. This is
a summary of force majeure provisions, alternative
defenses, and related issues contracting
