David Lilenfeld, Owner/Managing Partner of Lilenfeld PC is pleased to announce the release of a clear and comprehensive article, dealing with the concept of ‘Force Majeure’ and how the legal term may relate to contract law in Georgia and elsewhere.
In light of the closures and delays caused by the onset of Covid-19, many companies are forced to seek relief from their contractual obligations, looking specifically at invoking a Force Majeure provision to excuse performance temporarily or even permanently. The article reviews Force Majeure law, focusing particularly on the State of Georgia. The author also discusses the options available aside from Force Majeure.
A force majeure clause is a contractual clause that excuses one or both parties to the contract from performing obligations if and when something occurs that is beyond their control and makes the performance of those obligations impractical or impossible. Events triggering a force majeure are often listed in the contract and frequently acts of God, war or acts of warfare, strikes, acts of government authorities, and some accidents or mishaps.
Learn more about Georgia Force Majeure Clauses here: https://lilenfeldpc.com/how-coronavirus-covid-19-impacts-force-majeure-contracts-georgia/
The specific language in a contract will determine if a force majeure provision can be invoked, but this requires a fact-intensive analysis and force majeure clauses are narrowly interpreted. Specifically, the provision is interpreted in light of its original purpose, meaning they are viewed with items of the same nature. It limits damages where the obligations to perform have been frustrated and made impossible or impractical.
The article goes on to say, “If you are unable to employ a force majeure provision to modify or cease your performance during this coronavirus pandemic or your contract does not contain one, there are other options that may be available to limit or excuse your performance. These include the ‘Doctrine of Impossibility’ and ‘Frustration of Purpose.’ These are used in exceptional circumstances, which we are likely experiencing. The purpose of these doctrines is to provide relief when an event triggers a contract impossible to perform for reasons beyond the parties’ control.”
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Company Name: Lilenfeld PC
Contact Person: David Lilenfeld, Owner/Managing Partner
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