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Apr 16, 2020

The Coronavirus (COVID-19) and Impracticability and Frustration of Purpose as Defenses to Breach of Contract Claims in Pennsylvania

The onset of the COVID-19 pandemic has created a new normal in a multitude of economic sectors, including commercial transactions. From commercial leases to loan agreements to construction and supply contracts, questions are surfacing about the rights, liabilities, and defenses available to parties to a contract in view of the pandemic.» Read More

Apr 03, 2020

COVID-19 and Impracticability and Frustration of Purpose as Defenses to Breach of Contract Claims in Pennsylvania

In addition to any defenses to performance that may exist under force majeure provisions contained in a contract, Pennsylvania courts recognize impracticability of performance and frustration of purpose as defenses to breach of contract claims. However, the availability of impracticability and frustration of purposes defenses in any particular case is dependent upon the language of the contract and the facts and circumstances of the case.» Read More