UNIV 3985 Lecture Notes - Lecture 13: Force Majeure, Employment Discrimination
The Law today… and Tomorrow
The legal environment surrounding COVID-19 is in continuous evolution
Congress, state legislatures, administrative agencies, local governments, and other
government entities all responding quickly
This is new ground for everyone
Not intended to be legal advice; do your homework before making a decision
Expect uncertainty and ambiguity
What’s allowed today may not be allowed tomorrow
Administrative agencies (entities that act on behalf of the executive or legislative
branches to interpret and enforce legal rules). For example, SEC, FDA, FTC, EPA.
Equal Employment Opportunity Commission (EEOC)
CT Commission on Human Rights and Opportunities (CCHRO)
Agencies rushing to provide answers on legal interpretation; new laws and regulations
will be drafted with unusual speed
Expect uncertainty and ambiguity in rules and responses
A contract is an agreement between two or more entities that can be enforced in court.
Usually written, oral contracts permissible in certain situations
Contracts will generally be enforceable unless some rule, exception, or rationale applies
Discuss contractual issues in a pandemic environment
Force Majeure Clause
Clause or term in a contract
excuses contract nonperformance when extraordinary events prevent a party from
fulfilling its contractual obligations
Extraordinary events: fires, explosions, earthquakes, civil war, terrorism, revolution,
embargo, pandemic, etc.
“I didn’t deliver your goods because of an earthquake, not my fault.”
COVID-19 almost certainly qualifies as an extraordinary event
Act of God clause
Managing contracts during COVID-19
Force majeure is not a magic phrase. Check the contract. Does it have a force majeure
clause? This will guide how the contract is resolved.
Document Summary
The legal environment surrounding covid-19 is in continuous evolution. Congress, state legislatures, administrative agencies, local governments, and other government entities all responding quickly. Not intended to be legal advice; do your homework before making a decision. What"s allowed today may not be allowed tomorrow. Administrative agencies (entities that act on behalf of the executive or legislative branches to interpret and enforce legal rules). Ct commission on human rights and opportunities (cchro) Agencies rushing to provide answers on legal interpretation; new laws and regulations will be drafted with unusual speed. Expect uncertainty and ambiguity in rules and responses. A contract is an agreement between two or more entities that can be enforced in court. Usually written, oral contracts permissible in certain situations. Contracts will generally be enforceable unless some rule, exception, or rationale applies. Clause or term in a contract excuses contract nonperformance when extraordinary events prevent a party from fulfilling its contractual obligations.
