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ARTICLE · 19 MAY 2020

Force Majeure: Court Will Decide Whether COVID-19 Excused Developer's Failure To Close

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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COVID-19 has disrupted business operations and contracts across industries on an unprecedented scale. Some individuals and companies are trying to avoid or delay their contractual obligations by invoking...

United StatesCoronavirus (COVID-19)

COVID-19 has disrupted business operations and contracts across industries on an unprecedented scale. Some individuals and companies are trying to avoid or delay their contractual obligations by invoking previously overlooked force majeure provisions. Others are aiming to enforce their contracts after receiving force majeure notices. We expect a new wave of litigation. Last month, one of the first force majeure case arising out of COVID-19 was filed in California: Pacific Collective LLC v. ExxonMobil Oil Corp.

The Facts

Pacific Collective entered an agreement to purchase property in Los Angeles County from ExxonMobil. The property had been used for a gas service station. But, according to Pacific Collective's complaint, ExxonMobil was aware at the time of the contract that Pacific Collective intended to redevelop the property. The agreement provided that Pacific Collective would pay $70,000 in "earnest money" by February 7, 2020, and would pay the full purchase

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www.fkks.com

This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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