What are each party's remedies if force majeure or impracticability of performance applies?
Normally, the damages flowing from a contract are either determined by the specific remedies provided in the contract, or to put the non-breaching party in the position they would have been in but-for the breach. In this instance, many breaching parties will argue that COVID-19 caused the contract to be rescinded, in whole or in part, or that any traditional damages owed by the breaching party are excused due to the national emergency. The reality is that this determination will be a fact-specific inquiry. Until clear precedent is established, there is no guarantee how the Courts will interpret these cases going forward.
This is a fluid and rapidly changing situation and these resources are current only as of the date of publication. We recommend that you contact your local Quarles & Brady attorney regarding the most up-to-date information or with any other questions regarding this subject matter, or contact