This practice note by Howard K. Jeruchimowitz covers how force majeure clauses are interpreted and applied under Illinois law in commercial real estate deals, including analysis of the impact of COVID-19 and the post-COVID landscape. It highlights the practical, litigation-ready issues attorneys must analyze, such as contract language, proximate causation, and notice, as well as the most common defenses raised to defeat a force majeure claim. The practice note discusses relevant common law doctrines like impossibility, commercial impracticability, and frustration of purpose, and why these arguments often provide limited relief when a force majeure clause is in the contract.
LINKS
Read "Force Majeure Clauses and Common Law Defenses in Commercial Real Estate Transactions (IL)" by Howard K. Jeruchimowitz, published as a LexisNexis Practical Guidance Note.
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