Is There Force in Force Majeure After COVID-19 or in The Freedom to Negotiate Risk?

Authors

Sara Lazarevic, University of Miami School of Law

Abstract

This note explores the impact COVID–19 has had on contracting parties who have attempted to implicate force majeure provisions. An inquiry of recent cases reveals varying degrees of success and tension when parties turn towards force majeure text. This Note analyzes common law alternatives, discusses the implication of force majeure clauses as applied under Mexican and American law, highlights the implications that have played out in recent court decisions, and discusses post–pandemic implications that could affect how parties conduct cross–border transactions in the future.

Recommended Citation

Sara Lazarevic, Is There Force in Force Majeure After COVID-19 or in The Freedom to Negotiate Risk?, 54 U. MIA Inter-Am. L. Rev. 83 (2023)
Available at: https://repository.law.miami.edu/umialr/vol54/iss1/5