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Author Archives: John Petite

Part 2: Interpreting force majeure clauses under Missouri law and applying them to the COVID-19 pandemic

Given the common law or statutory doctrines of commercial impracticability and frustration, parties typically address the risk of supervening events by including a force majeure or other “escape clause” in their contract. Because these clauses are enforceable under Missouri law, the place to start is the contract itself.

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The COVID-19 Pandemic: When is contractual performance excused under Missouri law on force majeure, commercial impracticability and commercial frustration?

The COVID-19 pandemic is inflicting human misery and wreaking economic havoc. In most areas — including Missouri — local and state governments ordered non-essential businesses to shut down and required non-essential workers to work from home, if possible, in an effort to slow the spread of infection.

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