Welcome to JSS Barristers Insights. Here you’ll find a variety of thought-leadership, from concise summaries of regulations to more in-depth analyses of how Rules of Court can affect the courts’ decisions.

Tag: Are Contracts Enforceable Despite COVID-19?

Are Contracts Enforceable Despite COVID-19? [Part 7]: Contract Law Meets Insolvency Law - Some Strategic Considerations

May 14, 2020

If your company has received, or may invoke, force majeure or frustration claims, it would be wise to consider both the law of contract and the possible impact of insolvency law.

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Are Contracts Enforceable Despite COVID-19? [Part 6]: The Principles of Causation

May 7, 2020

Geoffrey Boddy and Kaila Eadie examine Canadian, American and British jurisprudence regarding the issue of causation for force majeure claims.

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Are Contracts Enforceable Despite COVID-19? [Part 5]: Duty to Mitigate Force Majeure Events

April 30, 2020

In Part 5 of our Enforceability of Contracts series, Bryan C. Duguid QC, FCIArb and William Katz discuss the duty to mitigate the duration and effects of force majeure events.

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Are Contracts Enforceable Despite COVID-19? [Part 4]: Force Majeure Notice Requirements

April 24, 2020

What does your contract say about notice requirements? Geoffrey Boddy and Andrea MacLean take a look at when a Court may, or may not, relax on notice requirements.

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Are Contracts Enforceable Despite COVID-19? [Part 3] Interpreting Force Majeure Clauses

April 16, 2020

How do you interpret a force majeure clause? Bryan C. Duguid QC, FCIArb and Kaila Eadie are your guides on interpreting force majeure clauses and the effect they will have on your business.

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Are Contracts Enforceable Despite COVID-19? [Part 2]: The Applicable Legal Doctrines

April 9, 2020

“What happens if I don’t have a force majeure clause in my contract, is a frustration claim still possible?”

“What are the Applicable legal doctrines I can rely upon?”

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Are Contracts Enforceable Despite COVID-19? [Part 1]: Overview

April 1, 2020

The Coronavirus has affected businesses both large and small, leaving many unable to fulfill their contractual obligations. So, what happens when, as a result of COVID-19’s impacts, a party has no choice but to breach a contract? Can parties be required to compensate for non-performance in this circumstance?  Is there some legal way out?

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