Impossibility, Impracticability, Frustration of Purpose, and Force Majeure: History, Commercial Leasing Lessons Learned during COVID-19 and Strategies for the Future

04 Sep , 2024

To register for the upcoming live webinar, please Click Here

Commercial landlords and tenants should understand the evolving case law related to available defenses where the tenant is unable to pay rent. Many lessons were learned during the pandemic, e.g., effectively using contractual force majeure clauses or, alternatively, common law defenses to seek relief; and case law has evolved accordingly.

Often-used common law defenses include impossibility of performance, commercial impracticability, and frustration of purpose. Counsel for commercial landlords and tenants should know how courts are ruling on contractual and common law defenses to prepare the best case moving forward. Defense counsel must also understand the state specifics related to common law defenses such as what qualifies as an impossibility and when and how a force majeure clause may override the availability of this common law defense.

Our panel will guide landlord and tenant counsel on contractual and common law defenses in breach of lease cases due to failure to pay rent. The panel will address recent case law regarding how courts have analyzed claims of frustration of purpose, impossibility, and other common law defenses.

 

To register for the upcoming live webinar, please Click Here

More Webcasts

Trusts: Types and Im...

Revocable versus irrevocable, dynasty versus by-pass and special needs versus Medicaid asset protect...

Generative AI for Li...

Explore the transformative potential of generative AI in modern litigation. “Generative AI for...

Master Trial Series ...

Session 8 of 10 - Mr. Kornblum, a highly experienced trial and litigation lawyer for over 50 years, ...

Permission to Pivot:...

Permission to Pivot: Ethics, Well-Being, and Redefining Your Legal Career examines the intersection ...

Navigating the NIL M...

As Name, Image, and Likeness (NIL) deals become increasingly common across collegiate athletics, att...

Master Trial Series ...

Session 5 of 10 - Mr. Kornblum, a highly experienced trial and litigation lawyer for over 50 years, ...

Master Trial Series ...

Session 6 of 10 - Mr. Kornblum, a highly experienced trial and litigation lawyer for over 50 years, ...

Truth or Tech - Navi...

As technology advances, the manipulation of digital content has become more sophisticated and access...

Maintaining Ethical ...

Join Steve Herman on December 8, 2025, for "Maintaining Ethical Standards: Essential Strategies for ...

Technology Ethics fo...

There are many hidden dangers in frequently used digital tools and media platforms, including social...