Contractual Defenses to Performance Without a Force Majeure Clause | Practical Law
A Practice Note discussing contractual defenses to performance and other options that may be available when a commercial contract does not have a force majeure clause. These options include confirming whether a condition precedent in the agreement has not been met, re-negotiating and amending the agreement's terms, finding alternate ways to meet contract obligations, and evaluating whether the circumstances support an impracticability, impossibility, or frustration of purpose excuse for non-performance.