Wes Zirkle

COVID-19: Force Majeure in Sports (And Everything Else)

by Wes Zirkle

In continuation of our recent commentary on COVID-19, we're going to use this article to examine force majeure clauses. While most of our questions so far have come from our sports clients, all of whom are materially impacted by the sudden and nearly simultaneous prohibition against public gatherings around the world, the issue is applicable to any business that is obligated to provide goods or services to another party.

Translated from French, force majeure means superior force. The idea is that something greater than ourselves caused us not to perform a contractual obligation, despite our earnest desire to do so. 

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