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Force Majeure and Commercial Impracticability in Purchasing and Sales Contracts

Date: Thursday, June 21, 2018
Time: 1:00 - 2:30 pm EST

Sponsored by Lorman Education Services


Registration - Live Webinar Only: $199.00

Registration - Live Webinar Plus CD Recording: $268.00

 

Do you know what's covered by your force majeure clause?

Your supplier's plant was severely damaged by an earthquake and is claiming it is excused from filling your orders. A strike has stranded a shipment and your supplier claims it is not responsible for any delay. Or your supplier is claiming that a shortage of a raw material and spike in prices has made it impossible for it to perform.

What are your rights? Is your supplier really excused from fulfilling the contract, and if so what must they do to minimize harm to you and what actions can you take to protect yourself? This topic will provide you a basic understanding of your rights in these circumstances.

You will receive a primer on the types of events that often do, and do not, excuse performance under a force majeure clause or the doctrine of commercial impracticability, the duty for available supply to be allocated among customers, and notifications to which you are entitled. Focused on practical steps, and not just theory, you will be interested in this timely discussion of what to do when disaster strikes.

Learning Objectives:

  • You will be able to identify force majeure clauses.
  • You will be able to discuss procedures after a force majeure event.
  • You will be able to explain tips for drafting effective force majeure clauses.
  • You will be able to review the origins of force majeure and commercial impracticability.

This Live Webinar Covers These Hot Issues:

Origins of Force Majeure and Commercial Impracticability

When Can Performance Be Excused?

  • Force Majeure Clauses
  • Commercial Impracticability or Failure of Presupposed Conditions Under UCC 2-615
  • Typical Events Excusing Performance and Those That Will Not

Procedures After a Force Majeure Event

  • Notice Requirements
  • Allocation Where Performance Is Only Partially Excused
  • When a Force Majeure Event Ends

Preventing Problems: Tips for Drafting Effective Force Majeure Clauses

Credit Information (Sponsored by Lorman Education Services):

  • CLE
  • CPE
  • ISM
  • NASBA

For Detailed Credit Information page click here

Only registered attendee will receive continuing education credit.

Instructor Profile:

Christopher Tompkins, Jenner & Block LLP

  • Partner in Jenner & Block LLP’s Chicago office
  • Practices complex commercial litigation
  • Extensive experience counseling clients regarding litigated and nonlitigated disputes involving the sale of goods under the Uniform Commercial Code (UCC), including matters involving issues such as continuity of supply, pricing, breach of warranty, and the impact of bankruptcy of parties to contracts governed by the UCC
  • Counseled clients regarding best contracting practices under the UCC, including review and revision of contracting procedures and standard contract forms
  • Written and spoken extensively about these areas, including articles on breach of warranty and electronic contracting
  • J.D. degree, magna cum laude, Loyola University Chicago School of Law; B.A. degree in economics and politics, cum laude, Catholic University of America
  • Can be contacted at 312-840-8686 or ctompkins@jenner.com

(Not available outside the US)