I can`t get an agreement with my hosting provider/booking platform, what should I do? First, the parties should determine whether the agreements have a case of force majeure or whether it is an excuse for benefits. If so, it is important to see which situations are specifically covered by the clauses. Many courts, including the New York courts, must be interpreted strictly that an event can only constitute a force majeure event if the clause explicitly includes that event. See z.B. Kel Kim Corp. v. Cent. Mkts., Inc., 519 N.E.2d 295, 296-97 (N.Y. 1987). While the New York courts generally require the impossibility of providing an apology for apologizing for the non-compliance of a party, the force majeure clause of a contract may allow a party to invoke a force majeure defence, even if the performance is not impossible – for example. B, a force majeure clause may instead provide that such a benefit may be excused if it is simply hindered or directly affected by the force majeure event. The parties should check whether a late performance (i.e.
the reterminacy of the event) is authorized by the corresponding agreement, whether it is an offence or even a substantial offence. Parties who are not satisfied by the other party (or who have delayed the benefit) must decide to treat non-performance as a substantial violation and to terminate the contract or to continue to claim and retain a claim for compensation in the event of delay or non-performance. Such considerations may be more difficult for multi-year agreements, particularly for agreements that have already achieved significant results. If the agreement contains a force majeure provision, the parties should take into account the following considerations: in addition to this, it recalls that there is a very high (and strictly enforced) threshold for establishing a “frustrating event”: the contract must be impossible to comply with. With regard to event contracts, the glimmer of hope is that it is easier to show this than for the general agreements under way on the supply chain. Events are by nature related to specific dates, schedules and locations. For example, if works of art are to be shipped from a country for an exhibition in the UK, but that country is currently blocked and does not allow flights to the UK, it becomes impossible for the art supplier to deliver the artwork to the UK. Or if a government says that events involving more than 500 people cannot take place, then you could say a concert, an exhibition or other event that exceeds that threshold can`t happen now. After analyzing its rights and obligations under the relevant agreements and common law, an organization must also consider additional legal and practical considerations before deciding whether an event should be postponed, postponed or cancelled. If an agreement does not contain a force majeure provision, but the parties are considering deferring or cancelling it, the doctrines of impossibility or frustration may allow the parties to do so without violating the Agreement. Although government rules will be phased out in the coming months, many public events may be negatively affected by COVID-19, with participants still reluctant to attend large meetings.
While such situations are likely not covered by the force majeure provisions, the parties can verify whether the remaining effects of COVID-19 are sufficient to thwart the purpose of the agreement between the parties. Before the postponement, redefinition or cancellation of an event due to LA COVID-19, all parties should immediately analyze their rights and obligations arising from relevant material agreements.