Force Majeure and Other Defenses to Contract Performance During the Covid-19 Pandemic

This program, presented by Baker Hostetler partner Gilbert S. Keteltas and associate Kyle T. Cutts, will discuss the enforceability of force majeure clauses, and other contract defenses, to excuse performance impacted by the COVID-19 pandemic. The course will benefit attorneys advising clients on their contractual rights and obligations during the pandemic, as well as counsel responsible for drafting new contracts in the time of COVID-19.

1. Analyze the historical precedent for applying force majeure clauses to excuse contract performance in the face of epidemics
2. Assess the differences in force majeure provisions that may affect their enforceability
3. Consider other defenses to contract performance that may be available where a force majeure provision is not
4. Address force majeure language in new contracts entered at a time when global pandemic may be treated as foreseeable