So, mind hive, is COViD-19 an act of God for legal purposes?

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Depends on the force majeure / act of god clause. If it says “pandemic” or “epidemic” then it is. If it is silent and just says “act of God” I found a case out of DC that dismissed an allegation that a disease springing from a tick in China is an act of God. Also force majeure clauses have some rules of construction that help narrow whether the tenant will receive benefits, such as whether they have mitigated risks, the cause is out of their control, and whether they actually receive a disparate impact

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Thanks. Big help

It’s also worth looking at the state’s case law regarding the impossibility defense and frustration of purpose, especially if you don’t have an adequate force majeure clause.

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Yes!! I love this question. Contracts attnys where u @

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We're going through this at my co. In NY it's narrow and you need to show that you tried to do things to mitigate and it was unforseeable. Kind of hard to do given how long this has been in the news and the measures taken in China and Italy. Also, companies should have business continuity policies and procedures in place for exactly this sort of situation. Probably best for business folks to work with vendors to move things forward and troubleshoot issues as they come up.

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