Latest Decisions On Force Majeure In The COVID-19 Context

As discussed in previous updates (which you can read here and here), COVID-19 has brought the concept of force majeure to the forefront across multiple practice areas. As the pandemic-caused shutdowns began, scholars and businesses alike re-examined the application of the doctrine in various contexts, hoping to understand how, and if, the doctrine would apply to contractual relationships affected by the pandemic. The courts continue to shape the application of force majeure during the pandemic. Two recent decisions, summarized below, signal how some courts are interpreting the doctrine in the commercial litigation context. These recent decisions particularly highlight how courts may expect parties to plead the doctrine; whether any court will excuse the nonpayment of rent for a business based on governmental regulations; and whether businesses who attempt to render payment to some degree under the circumstances may be looked upon more favorably.