When Global Disasters Strike: Other Theories of Excused Performance

23 Apr 2020

Stephanie Sharron, Alistair Maughan, Kristina Ehle, and Chuan Sun authored an article for Corporate Compliance Insights discussing contractual nonperformance during the COVID-19 pandemic, and covering considerations including anticipatory repudiation, common law doctrines, and legal considerations abroad.

“While the pandemic certainly presents some unusually difficult problems both for buyers and suppliers of technology products and services, organizations do have tools at their disposal,” the authors wrote. “By strategically prioritizing the most consequential relationships with customers and suppliers and identifying contractual and noncontractual bases for adjusting performance expectations, companies both manage and mitigate risk.”

This is the second part of a two-part series. Read the full article.

Part one of the series, which explores using the force majeure clause in adjusting performance expectations, is available here.



Unsolicited e-mails and information sent to Morrison & Foerster will not be considered confidential, may be disclosed to others pursuant to our Privacy Policy, may not receive a response, and do not create an attorney-client relationship with Morrison & Foerster. If you are not already a client of Morrison & Foerster, do not include any confidential information in this message. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so.