Dan Brecher
Counsel
212-286-0747 dbrecher@sh-law.comFirm Insights
Ebola Catching Attention of Business and Legal Community
Author: Dan Brecher
Date: October 23, 2014
Key Contacts
Back
While widespread Ebola threats in the business and legal community may never materialize, the virus is having a real impact on the commodities market. As reported by the Wall Street Journal, Ebola has caused significant trading delays and disruptions in West Africa. While the region imports much of its food, it also exports valuable commodities such as cocoa and bauxite, which is used to make aluminum.
One of the primary legal concerns is whether force majeure clauses apply to Ebola. As previously discussed on the Scarinci Hollenbeck Business News Blog, force majeure clauses relieve the parties from performing their duties under the contract in certain circumstances deemed beyond their control that make performance inadvisable, commercially impracticable, illegal, or impossible. Examples include natural disasters like hurricanes, floods, earthquakes, and other “acts of God.” However, they also apply to man made disasters including war, terrorism, civil disorder, supply shortages, and labor strikes.
In the absence of a force majeure clause, parties must rely on the common law remedies such as impracticability and frustration of purpose, which are generally much less favorable. Therefore, for those companies that may be impacted, it is imperative to review any applicable contracts and seek the advice of an experienced attorney.
If you have any questions about this post or would like to discuss how international crises may impact your business, please contact me or the Scarinci Hollenbeck attorney with whom you work.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
Does Your Homeowners Insurance Provide Adequate Coverage?
Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]
Author: Jesse M. Dimitro
Understanding the Importance of a Non-Contingent Offer
Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]
Author: Jesse M. Dimitro
Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC
Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]
Author: Scarinci Hollenbeck, LLC
Novation Agreement Process: Step-by-Step Guide for Businesses
Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]
Author: Dan Brecher
What Is a Trade Secret? Key Elements and Legal Protections Explained
What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]
Author: Ronald S. Bienstock
What Is Title Insurance? Safeguarding Against Title Defects
If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]
Author: Patrick T. Conlon
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Ebola Catching Attention of Business and Legal Community
Author: Dan Brecher
While widespread Ebola threats in the business and legal community may never materialize, the virus is having a real impact on the commodities market. As reported by the Wall Street Journal, Ebola has caused significant trading delays and disruptions in West Africa. While the region imports much of its food, it also exports valuable commodities such as cocoa and bauxite, which is used to make aluminum.
One of the primary legal concerns is whether force majeure clauses apply to Ebola. As previously discussed on the Scarinci Hollenbeck Business News Blog, force majeure clauses relieve the parties from performing their duties under the contract in certain circumstances deemed beyond their control that make performance inadvisable, commercially impracticable, illegal, or impossible. Examples include natural disasters like hurricanes, floods, earthquakes, and other “acts of God.” However, they also apply to man made disasters including war, terrorism, civil disorder, supply shortages, and labor strikes.
In the absence of a force majeure clause, parties must rely on the common law remedies such as impracticability and frustration of purpose, which are generally much less favorable. Therefore, for those companies that may be impacted, it is imperative to review any applicable contracts and seek the advice of an experienced attorney.
If you have any questions about this post or would like to discuss how international crises may impact your business, please contact me or the Scarinci Hollenbeck attorney with whom you work.