Frustration of Purpose and Impossibility Doctrines in the COVID-19 Era
By EsqSocial Corporation 12/04/21
In a survey of cases in federal, state and bankruptcy courts, commercial tenants seeking to delay or excuse the payment of rent because of pandemic-related downturns in business sometimes looked to the equitable doctrines of frustration of purpose and impossibility for relief. Both of these doctrines allow for the argument that a default is excusable under circumstances that were unforeseeable to the parties at the time of the contract's formation......
By: Holland & Knight LLP