Palmer, ‘Excused Performances: Force Majeure, Impracticability, and Frustration of Contracts’

This Report is written at a time of intense suffering and uncertainty, as a global pandemic spreads to the far corners of the world, causing untold deaths, sickness, crowded hospitals, supply shortages, business closures, disrupted supply lines, and other distressing conditions. In response to this crisis, a flurry of governmental decrees have been imposed at all levels, shutting down restaurants, theatres, and schools, prescribing masks, vaccinations, distancing, telework, and so forth. Given the wide scope of the Questionnaire which I was asked to answer, this Report will not focus on the pandemic and its effects on contractual enforcement in the United States, but at the same time the Report makes no attempt to escape or ignore the pall hovering over the international community …

Vernon Valentine Palmer, Excused Performances: Force Majeure, Impracticability, and Frustration of Contracts, American Journal of Comparative Law, Volume 70, Issue Supplement_1, October 2022, pages i70–i88. Published: 12 September 2022.

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