Article

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.

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