Force majeure clauses – does your agreement need one?
Parties should not assume that they always need a force majeure clause. Sometimes, these clauses don’t add anything to what the law already provides, and they can actually take away rights that parties get automatically. Without such a clause, contracting parties automatically get the benefit of two related gap-filler doctrines that can excuse a party's obligations when an unanticipated, supervening event fundamentally alters the nature of the parties' contract: impossibility, or as it is commonly called nowadays, impracticability, and frustration of purpose. This white paper reviews gap-filler doctrines and discusses tips for drafting force majeure clauses.
Agenda
Faculty
Timothy Murray
Murray, Hogue & Lannis
- Partner in the law firm Murray, Hogue & Lannis, Pittsburgh, PA
- Practice emphasizes contract law
- Conducts regular seminars on the law of contracts
- Author volume 1 of Corbin on Contracts (revised edition, 2018), Co-author of Corbin on Contracts Desk Edition and the biannual supplements to Corbin on Contracts
- Member of the Pennsylvania Bar
- J.D. degree, University of Pittsburgh
- Can be contacted at [email protected]
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