Contractual Defenses to Performance Without a Force Majeure Clause | Practical Law

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.

Contractual Defenses to Performance Without a Force Majeure Clause

Practical Law Practice Note w-025-7971 (Approx. 15 pages)

Contractual Defenses to Performance Without a Force Majeure Clause

by Practical Law Commercial Transactions
MaintainedUSA (National/Federal)
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.