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Force Majeure and Commercial Impracticability in Purchasing and Sales Contracts

Your supplier had a plant damaged by an earthquake and is claiming it is excused from filling your orders. A transportation 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 OnDemand Webinar 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 of the UCC's doctrine of commercial impracticability, how production capacity that is only partially affected needs 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.


Runtime: 88 minutes
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Overview

When Can Performance Be Excused

  • Typical Force Majeure Clauses
  • Commercial Impracticability or Failure of Presupposed Conditions Under UCC 2-615
  • Typical Events Excusing Performance

Procedures When Performance Is Excused

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

Preventing Problems: Tips for Drafting Force Majeure Clauses

Conclusion and Questions

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Christopher Tompkins

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 [email protected]
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 389179
Published 2011, 2018
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