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Full-Text Articles in Law
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 …
Disaster Vulnerability, Lisa Grow, Brigham Daniels, Douglas M. Spencer, Chantel Sloan, Natalie Blades, Teresa Gomez
Disaster Vulnerability, Lisa Grow, Brigham Daniels, Douglas M. Spencer, Chantel Sloan, Natalie Blades, Teresa Gomez
Publications
Vulnerability drives disaster law, yet the literature lacks both an overarching analysis of the different aspects of vulnerability and a nuanced examination of the factors that shape disaster outcomes. Though central to disaster law and policy, vulnerability often lurks in the shadows of a disaster, evident only once the worst is past and the bodies have been counted. The COVID-19 pandemic is a notable exception to this historical pattern: from the beginning of the pandemic, it has been clear that the virus poses different risks to different people, depending on vulnerability variables. This most recent pandemic experience thus provides a …