Jeffrey Greenspan contributed an article to the Chicago Daily Law Bulletin discussing a few legal doctrines that may come into play when analyzing a business’s duty to perform under a contract. Some of the doctrines he talks about are force majeure, impossibility or impracticability of performance, and frustration of purpose. While it is still unclear how the courts will apply any of these doctrines in the context of the coronavirus pandemic, they are certain to be asserted by many parties, and will be viable defenses to non-performance in the cases that meet their stringent requirements.
To read the full article, click here.