In the midst of a global pandemic, everyone suddenly speaks legal French. Force majeure! they shout from the hilltops, or the boardrooms as deals collapse, promises fade and money vanishes. But is it force majeure, or are people just using that as cover to back out of deals and break promises and perhaps even keep your money for goods or services NOT provided? Has "force majeure" become the "dog ate my homework" of the pandemic era?
Don't assume that just because someone uses some fancy French legalese that they must be right. That might help with mustard, but it does not necessarily cut it as a legal defense (see what I did there?). It depends on the facts and can be very case specific. If you are in a situation where someone is claiming force majeure to exit a contract, cancel a deal, keep your money or deny your insurance or indemnification claim, we should talk. Let's dig a little deeper so you know what you can and cannot do to protect yourself or your business. And before you throw the force majeure flag yourself, let's talk. I want to help you make smart decisions and do things the right way.
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