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Force Majeure and Commercial Impracticability in Purchasing and Sales Contracts

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.


Runtime: 90 minutes
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Why Lorman?

Over 32 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

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

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Why Lorman?

Over 32 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 course was last revised on June 21, 2018.

Call 1-866-352-9540 for further credit information.

  • CPIM/CFPIM/CSCP 1.0
     
  • This program may qualify for 1.0 certification maintenance points toward the CSCP, CPIM and CLTD designations through The Association for Operations Management.
     
  • ISM 1.5
     
  • Participants who successfully complete this program will receive 1.5 hours of continuing education. They may be applied toward ISM CPSM, CPSD or C.P.M. recertification. ISM's consent to approve hours for this educational event is not an endorsement of this program or its content by ISM.
     

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.

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Why Lorman?

Over 32 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 where he practices commercial litigation
  • Extensive experience assisting clients resolve disputes involving a variety of subject matters and venues, including the sale of goods under the Uniform Commercial Code (UCC)
  • Has assisted clients with an array of matters including the failure to supply, early termination, pricing, product quality and breach of warranty, and supplier bankruptcies
  • Counseled several major corporate clients regarding best contracting practices under the UCC, including review and revision of contracting procedures and standard contract forms
  • His clients span an array of industries including steel and mining, food and beverage, consumer packaged goods, automotive and heavy manufacturing, electric utilities, chemical companies, and equipment lessors
  • Has written and spoken extensively about these areas, including articles on breach of warranty and electronic contracting
  • Member of the Chicago and American Bar Associations and the international Bar Association
  • 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, [email protected], or www.linkedin.com/in/christopherptompkins
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Why Lorman?

Over 32 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: 402910
Published 2018
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