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A Comment On Hillman, Health Crises, David A. Hoffman
A Comment On Hillman, Health Crises, David A. Hoffman
All Faculty Scholarship
No abstract provided.
Frustration, The Mac Clause, And Covid-19, Andrew A. Schwartz
Frustration, The Mac Clause, And Covid-19, Andrew A. Schwartz
Publications
COVID-19's impact on business has been exasperating—but is it Frustrating? The Frustration doctrine of contract law excuses a party from its contractual obligations when an extraordinary event completely undermines the principal purpose of making the deal. This doctrine has long been a marginal player in contract litigation, as parties rarely invoked it—and usually lost when they did.
The COVID-19 pandemic, however, is precisely the type of extraordinary event that Frustration was designed to address, and the courts have been inundated over the past year by a wave of colorable Frustration claims. This timely Article describes the Frustration doctrine and explores …